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h > w S"
, THE "
PARLIAMENTARY
OR
CONSTITUTIONAL I
HiftoryofEnglandj
* Being a
FAITHFUL ACCOUNT
Of all the
Moft remarkable Transactions
In Parliament,
From the carlieft Times,
T o t H E
Reftoratlon of King Charles II.
collected
From the Journals of both Houses, (he Rbcords*!
original Manuscripts, fcarcc Speeches, and
Tracts; all compared with the ftviral Coteiu-
porary Writers, and conncfted, throughout, with
*lhe Hiftoiy of the Times.
By Several Hands.
Vol. VIIL
From tlie Fourth Year of King Charles I. to the
Meetingofthe Long Parliament, iViw. 3. 1640.
LONDON,
Printed -J and fold by Thomas OJlorne, in Gray's Inn ;
AND
iFilliamSandh, againftSt. BunfiansChurcbyFhetJln
MDCCLL
,,1 ■
\
%■•
■ * 1
JN
505
.AI5
f 1 5 1
I
* -
1. .-
Parliamentary HISTORY
o F
ENGLAND.
I
|N the r4Ch o^ April, the Lords re- Aii.4-n,aiicii.
fumed the grand Dtbate concerning '^^S.
the Liberty of the Subjeft ; whea
the Judges of the K'mg'i Bench at-
tended, according to an Order of
the 8ih, [o give an Account of the
Reafons of their Judgment, in ihe'Cafe of the
Gentlemen impril'oned by the King's Order, for
refufing the Lojn ; which \.hi Commons had com-
plained of.
' Hereupon the Chief Juftice {u) flood up and faid, Debit: in the
I* Thit they were prepated to obey their Lorddiips"'**^' "^vC^
ICommandj butdefired to be adviiej by them, wbe- of the SubJLa?^
Ither they, being fworn upon Penalty of forfeiting
IBpdy, Lands and Goods into the King's Hands, lo
give an Account to him, may do this without
tVVarranC from his Majefty.'
I Hereupon the Duke of Buckingham TaiJ, ' Ha
!iad acquainted the King with the Bufinefs, and, for
Vol. Mill. A ought
u, That tat awed Chli Advsc
ll'iwing Uie Duke of B'lcbngiam'i AnlWir
".)-
LI
2 TIjc Tarltamcntdry History
An.4.char:eii,ought he knoweth, he is well content therewith':
1628. But, for better Aflurance, he bad fent hts Brother
Anglefey to know his- Majefty's PIcafure/ ^" • .
The Proceedings To this the Earl of Devonjbire anfwcredt * If a
in ihe King's G)mplaint be made by a mean Man agiildb fht
Ce"r!t& im!ereateft Officer in this Place, he b to give aa Ac-
prifoned forrcfu-COUnt of his DoingS tO thls Houfc.' ■ • . w'.
fingthcLcan,in. 'j'hc Bifhop of Liticohi {b) fald, * This Motkm
quire into. proceeded irom him, and he took it for clear, that •
there is an Appeal even from the Chancery^ which
is a higher Court than the King's Bench ; and tbtfi
Court hath ever given an Account of their DoitigjL^
The Lord Saye wondered there (hould beanyQic*
flion made of this Bufinefs; becaufe, inhisOpioioiiy '
ihisbeinp; the higheft Court, did admit of no Appeal.
The Lord Prcfident (f) faid, * The Judges did
not do this by way of Appeal, but as the nK)ft
common Way for them ; this being a Matter con*
ccrning the King's Prerogative.*
To which the Lord Saye anfwered, * If they
will not declare themfelves, we muft take into
Confideration the Point of our Privilege.*
The Duke of Biickif/gham replied, * This was
"net d(;ne by the Judges, as fearing to anfwer j but
out of Kefpe^t to the King: And now Ms BlTtthcr
J//i;/f/n was come with Anfwer from the Kingt
li^ai they might proceed (^).
Hereupon Mr. Juflice WHITLOCK fald,
Aly Lords,
The j»<igM j!ve\^ T"^"^ arc, by your Appointment, here ready to
the Rcafons of y y clcnr an Afperiion of the Houfe. of Com-
ihr!eim°'**^"'^^ mons, tliat the Suhjcdl was greatly wounded in the
Juf%-
fh) T)r. yohnTViUiar:^^ f rmerly t.nr.'.- Kreper.
(r) The Karl of A ancht^fler, foimcily Lord CJiicf Juftke of th*
Kir>^'*i Ecr.cb.
{(i) The Ace lint of t^is Drbnrc, anl the Speechei of the four
Jii ges are in the Ephenrn's ParliiPiii-.ntJyia, Two of thrm, onlv,
arc in HuJ/jnodrth ) for which Dv Na^fon (in the JntroduRifm to bil
VoUc^hn) charges him with great Pnitialiry: Tho* there feeai to
he little Foundation for thi< CenTure, b'»t the frcjulice of FWtVk-— ^
We hn-'' chofen to 6 »py Sir ^Um Napier^ Manufci^pt, wbldl <a
much mure corrcft,
. I
QfENGLAND. 3
Judgment htdy given m the long's Bench. IfAa.^ciiirksl
fuch a Thing were, your Lordfhips, not they, *^--
have the Power to queftion and judge the ianse :
But, D17 Lords, I fay there was no Judgment gi-
ven, whereby either the Prerogative might be in-
Jamd, or the Right of the Subjed trenched upon.
It IS true, my Lords, in Afukcelmas Term laft, five
Gentlemen petitioned for a Hahiui Czrtus^ which
diey obtained, and Counfel was afligned unto
them (i). The Return was Per JpeciaUm Manda^
turn Dmm Regis ; which likewife was made
known unto us under the Hands of eighteen Privy
CounfeUon.
• Now, my Lords, if we had delivered them pre*
iently upon this, it muft have been, becaufe the
King did not (hew Giufe ; wherein we (hould have
judged the King had done wrong, and this is beyond
our Knowledge; for he might have committed
them for other Matters than we could have ima-
gined. But they might fay. They might have thus
been kept in Prifon ail their Days. I anfwer. No,
but we did remit them, that we might better zd-
vife of the Matter ; and they the r.ext Day might
have had a new Writ, if they had pleafed. But
they fay, We ought not to have denied Bail. I
anfwer. If we had dene fo, it muft needs have re-
Hefled upon the King that he had unjuftiy impri-
foned them : And it appears in /^/r, 2. Eiizcbttk^
that divers Gentlemen being committed, and re-
quiring Habeas CorpuSy fome were bailed, others
remitted ; wherd>y it appears much is left to the
Difcretion of the Judges.
• For that which troublcth fo much. Remittitur
^umfquey this, my Lords, was only, as I laid before,
to lake Time what to do : And whereas they will
have a D ffcrence betwixt ren.ittitur^ and remitti^
tur qumfque^ my Lords, I confefs I can find none :
A 2 Thefc
{e) Sir 'fhcmst Damel^ Sir yobm Hruentmgham, Sir Wahtr Ejrl^
Sir Eihpard HMrfJen; and Sir Jo^m Cm ha, ^The fiift mmed
Gentlemaji, upon hit being brought tn the Bar, fp ike tor kimfttlf*
The Coaniel for the other four were, Se;g«uu Br4mfft%ik^ Mr
A^, Mr, &i^ji, and VLu UZe^*/* •
4 Tfje Tarliamentary Hi st or y
i^n.4.charicti.There are only new InfcntioDs to trouble old
1628. Records.
^ Herein, my Lords, we hare dealt with Know*
ledge and Underftanding i for had we given a Judg*
. ment, the Pariv mull thereupon have refted ; every
Judgment muft come to an Ifllie, in Matter oi
F^d, or Demur in Point of Law \ here is neither^
therefore no Judgment.
^ As for endeavouring to have a Judgment enter «•
ed : It is true Mr. Attorney prefled the fame for
his Mailer's Service ; but we, being fworn to do
Right betwixt the King and his Subjeds, com**
flianded the Clerk to maice no Enn-y, but accord-
ing to the old Form 1 and the Rule was given by
the Chief Juftice alone.
* 1 have fpent my Time in this Court, and, I
fpeak confidently, I did never fee rtor know, by
any Record, that, upon fuch a Return as this, a
Man was bailed ; the King not being firft confultcd
with, in fuch a Cafe as this.
* The Houfe of Commons do not know what
Letters and Commands we receive ; for thefe re-
niain in our Court, and were not viewed by them :
And fur the reft of the Matters, prefented by the
Houfe of Commons, they were not in Agitation
hefofe us, JVhcther the King may commit ; and bow
long he may detain a- Man committed. Therefore,
having anfwered fo much as concerneth us, I de*
fire your Lordfhips good Conftruftion of what hath
been iaid/
Mr. Jujlice JONES.
My LordSy
WE are here to deliver, before your Lord-
fhips, what Judgment was given by us
concerning the Habeas Corpus ; to which I anfwer,
No Judgment was given ; and the Matter of Fa6t
was fuch as my Biorher hath already delivered un-
to you. Thefe Gentlemen were committed to
the FUets the Gate- Houfe y and to the Marjhall of
ihe; Kin^s Houfhold : Returns were made upon
^ the
Parliamentary HISTORY
ENGLAND.
I
|N the i+th of Jpril, the Lords re- Afl.4- rharlesl.
fumed the grand Debate concerning
the Liberty of the Subjeft ; whea
the Judges of the Kind's Bench at-
tended, according to an Order of
the 8th, to give an Accoiint of ihe
Rcafons of their Judgment, in the Cafe of the
Gentlemen imprifoned by the King's Order, for '
refuling the Loan j wliich itK Commons had com
plained of.
Hereupon the Chief Juftice (dj flood up and faid, XiA^t in ihe
Thit they were prepared to obey their LordiTiips "'•'^^" ''**,.^"^'
Command; buldefired tobeadvifedby them, whe-Qf
Iher they, being fworn upon PenaUy of forfeiting
Bpdy, Land? and Goods into the King's Hands, to
give an Account to him, may do this withouC
IWarrant from his Majefty.*
Hereupon the Duke of Buckingham fiiJ, ' H«
!iid acquainted the King with the BufiriEfs, and, for
Vol. VilL A ought
ilfb Crem, for tefaCmt lo futw.nl ihe Loin.) —lUJb'-M'lt lelli
., That be cwed ihii Advancement lo hii be;ng eLi:pUy< '
iwing tlie Dulce of Buchng'.nis') AnlWc] lu die Impucli
6 TbeTarl'tamentary Histobly
Aa.4.Ch«itil.that Houfe ftill which they did. I do not, now,
i6i8. mean to draw down God's Wrath upon my Pofte-
riiy; and therefore I will neither advance the
» King's. Prerogative, nor leflen the Liberty of the
Subjeit, to the Danger of either King or People.
This is my Profeflion before God and your Lord-
Ihips.
i
Mr. JuftUe DODDERIDGE.
My Lards,
IT is no more fit for a fudge to decline to give
an Account of his Doings, than for a Chriftian
ofliisFdith. God linoweih, I have endeavoured
always to keep a good Confcience ; for a troubled
one, who can beaiP The King holds of none
but God ; and Judgments do not pafs privately in
Chambers, but publickly in Court, where every one
may hear ; which caufcth Judgment to be given
with Maturity.
' Your Lordfliips have heard the Particulars de-
Tivered by my Brethren. How that Counfel being
alTigned to four of tliefe Gentlemen, in the latter
End of Michaelmas Term, their Caufe received-a.
Hearing; and, upon Coniideration of the Statutes
and Records, we found fome of them to be accord-
ing to the good old Law of Magna Charta ; but
we thought that they did not come fo clore to this
Cafe, as thatBail ihouid be thereupon, prefently.
' My Lords, the Habeas Curpus confifteth of
three Parts, the Writ ; the Return upon the Writ
or Schedule ; and the Entry or Rule reciting the
Habeas Corpus: And on the Return together with
the Opinion of the Couri, either a Rtmittilttr, or
Tradiiur in Ballium is granted, [n this Cafe a
Rimitiltur was granted; which we did, that we
might take belter Advifement upon (he Cafe : And
upon the Rimittiiur, my Lords, ihcy might have
had a new Writ the next Djy; and I wifli they
had; becaufe, it may be, they had Teen more, and
wc had b:en eafed of a great Labour, And, my
Lords
ey E N G L A N D. 7
Lords, when the Attorney, upon the Remittitur^ An, ^,ch%Y\t%\,
prcfled an Entry, we. all ftraitly charged the Clerk '^*^'
th^t he {hould make no other Entry than fuch as our
Pi'edeceflbrs had ufually made, in like Cafes : As
for any Difference, my Lords, betwixt Remittitur
and Remittitur quoufque^ I could never yet find any.
* I have now fat in this Coiirt fifteen Years, and
I fhould know fomething : Surely if I had gone in
a Mill fo long, Duft would cleave to my Cloaths.
I am old, and have one Foot in the Grave, there-
fore I will look to the better Part as near as I. can.
But omnia habere in Memoria^ et in nullo errare^
divinum potius ejl quam humanum.
ThehOKD CHIEF JUSTICE.
My Lordsj
I Shall not fpeak with Confidence, unlefs I might
Hand right in the Opinion of the Houfe. I
proteft what I fpake before was not faid, by me, with
any Purpofe to trench upon ihe Privileges of this
Houfe ; but out of that Refpeft which, by my
Place, I thought I owed to the King. Concern-
ing the Point, now to be fpoken to, I (hail not
trouble! your Lordfhips with Things already repeat-
ed, wherein I concurred with my Brethren. If it
were true, the King might not commit, we did
wrong in not prefently delivering ; for, my Lords,
thefe Statutes and good Laws being all in Force,
we meant not to trench upon any of them ; moft
of them being Commentaries upon Magna Charta:
But 1 know not any Statute that goeth fo far, that
the King may not commit. Therefore juftly, we
think, we delivered the Interpretation thereof to
that Purpofe : For, my Lords, Le:c Terra is not
to be found in this Statute ; they gave me no Ex-
"afnple, neither was there any Caufe (hewed in the
i^etuFn. A Precedent, my Lords, that hath run
in a Scorm, doth not much direft us in point of
Law ; and Records are the beft Teftimonies.
Thefe Precedents, which they brought, being read,
we (hewed them wherein they were miilakcn. If
we
S The Tar liameatary Unroot
Aa. 4 Cliatlci I, we have erred, crravimus cum Patribut ; and they
1618. can fliew no Precedent, but that our PredeceETore
have done as we have done ; rometimes bailing,
fomeiimes remitting, fomeumes difchar^ng. Yet
we do never bail any commilicd by the King, or
his Council, till his Pleafijre be firll known: And
thus did the Lord Chief Juftice Coke in Raynard's
Cafe. They fay. This would have been done, if
the King had not written ; but why then was the
Letter read, and publilhed, and kept i and why
W3S the Town-Clerk fent carefully to inquire (be-
caufe the Letter fo direfled) whether thefc Men
offered for Bjil were Subfidy-Men f The Letter
ihewetb alfo ihnBukwith was committed forSuf-
picion of being acquainted with the Gunpowder-
TreaCoti ; but, no Proof being produced, the King
left him to be bailed.'
The Judges having ended (cj, the Lords ad-
journed to~the i7lh : On which Day the Matter
was argued, very folemnly, at a Conference be-
tween the two Houfes, by the Attorney General
and the King's Counfel on one Side, and a feleft
Committee of the Houfe of Commons on the o-
' ther. Ru/hworth has omitted this fecond Confe-
rence; but, as it is a Matter of i& great Confe-
quence as any thing yet met with in Ihefe Enqui-
• ries, we (ball give it at Length, from the Autho-
rity of the Lcrdi Jmrnals.
Die SMati, ig. Die Aprilis, 162S.
7bc Lord-Keeper'j (f) Retort cf the firjl
ARrpcrtrfa Part of tte CONFERENCE bdwien iks Lords
fecond confe- fl»^ Ctimmons, fl« Thurfday ri;r t-jih of h^-.iX,
ha^ul^^'car.. ttsctrning the LIBERTY of the Subject.
liMiy of the Sub- A T '^'^ Conference Mr. Attorney declarV,
J^ m\ ' That as, by Commandment of the Lords,
himftlf, and his Fellows of the learned Counfel, ad-
VI fed
rO An Older vai tntic thit thefe SoHrhrs b( rhi InAm
(fj 'IZmwi Urd Ctviturj.
P 0/ E N G L A N D. p
vifed together, and by him had declared in thisAa
Houfe whit was conceived tilting ; fo, upon a new
Commandment, they had again advifed and con-
ferred ; fliewing, at this Conference, the Effeft of
what was delivered in the Houfe ; which, in SuS-
(tance, refted upon ihefe Paris.
1. ' The State of the Qyeftion.
2. ' Adb of Parliamentj and parliamentary Pro-
ceedings.
3. ' Precedenis.
4. ' Refolutions of former Times.
5. ' Some Reafons offered to maintain this Side,
and weaken the other.
' In thcfe, by their Advice, he refolved not to
pafs from Point to Point ; but, according to the
Time and Dccafion, to touch fome Parts fumma-
tily, and to infill chiefly upon one, viz- The Pre-
cedents for the parliamentary Proceedings. He
agreed, That the great Charter, upon which the
Liberty of the free Subjedis of this Kingdom is
grounded, is in force ; and that, in former Times,
Occafions were often given to the Subject to prefs
it to be confirmed ; and thai the Commons did
iiily and worthily to maintain the Liberties and
Privileges left unto ihem by their Anceftors.
Hedid'alfoacknowledge, ' That this Charterdld
extend to the King, rather than the Subjeift ; and
that the 'fubfequeni Statutes, fix in Number, ftard
in force -, but the Difference and Doubt refted in
the Interpretation and Application of the Statute:
For the Words of Magna Charia are general j that
it did not reftrain the KingfromimpriloningaSub-
jeft ; but with this Cbufe, Nifi per legale Judicium
Barium fuomm, vel per Legem Teme: And how
fer Lex Jerra extends, is, and ever wat the Qiief-
lion. Of the fubfeq'Jent Statutes, fotne c-intirm
Mdgna Charta in totidem Ferbii ; and thercfori: de-
cide not the Queftion, but leave it as they found it ;
fo that to ground any Arguments on ihrm will he
but Ptiim Priricipii ; and the others concern not
the Quellion now in hand, but were made for Re-
drels of Inconveniences liappening to ihe Subjects,
by
lo 7be Parliamentary Histoa y
Iik4'/Gli»ksi.by theSuggeftkm or laformation of- Parties ^ but
'^^ this be fubmitted to the Houfe.
* la the Court of King's BeDch the Judges did
not meddle with the Statutes, but did ground tbetn*
felves upon Refolutions and Precedents ; which he
would now repeat, and leave the Difference to bpth
Houfes. We have diredted the Records to be here ;
and if it (ball feem good to your Lordfhips, and
the Gentlemen of the Commons, we defire that
we may read or open what is in the Declaration of
the Commons touching each Record ; and then
read the Record itfelf, and open what we have to
fay therein.
« The firft Precedent is, That John Biddlejton^
a Clergyman, by a Writ under the Great Seal, was
committed to the Tower^ with Commandment to
keep him fafely, donee aliter a Nobis habuerltis in
Mandatii. From the Tower he was brought to
the King*s Bench^ and committed to the-Marfhal.
And the Lieutenant afked him. If he had any other
Caufe againft him ? who faid. No ; but the King's
Writ only : Ei quia videtur Curia per Breve pr a-
di^. quod nott eft fufficiens Caufa^ i^c. ideo he was
bailed.
To thb he anfwered, * i/?. That this Writ bears
Date in March^ 16, Edward 111. and commands
to receive John Biddlejion from the Sheriffs of Lon*
don9 to whom he was formerly committed in the
Writ : And as there is neither general nor fpecial
Caufe, nor yet any Mention upon what Warrant
or Command he was committed to the SlierifFs of
London j fo it is true, that dimittitur pur Manucap-
tionem : And thus far it feems to make for the other
Side. But, faid Mr. Attorney, it appears that this
Writ was not an original Commitment ; but a
transferring and removing of the Piifoner from one
Cuftody to another^
^dly^ * It appears he lay two Years in the.T^«^/r,
viz, from 16, Edward III. till 18. Edward III.
before he came to the King's Bench.
'^dly^ * It appears, in another Part of the fame
Record, That the Caufe of Commitaient was fojr
Suf.
0/ E N G L A N D. ii
Sufpicionof counterfeiting the Great Seal; and heAo.4 Chulai;
was brought to the King'i Bench for that Caufc :
For being bailed, and, at the Day, coining in ujxjn
his Bail, there came another Writ to the Jufticcs,
whichMr- Attorney read out of the Recordi which
recited. That the King had caufed him to b; brought
to the King's Bimh, for Sufpicion of counterfeiting
the GrcatSeal, qusufqae per quondam lafoTinatisnem
pitnius informemur. And becaufe the Informer
came not, the Writ commands the Judges, that if
he came not by quind. then Ahemuram ejus non ex-
peilore, but proceed according 10 Law: So that,
aliho' in a Record fo anrient, it is difficult 10 find
out all materia) Parts, yet, by ihis Writ, the Caufe
of ihe Commitment appears ; and when the Caufe
appears, and is fuch whereupon the King's Bench
may proceed, they mufl go on according to Juftice.
' It appears by this Writ, that he was commit-
ted upon the Suggeftion of an Informer ; and ob-
ferve the Time J for it feems that about j.£rfw. III.
and forward, thefe Informers began to be too fre-
(juent ; and therefore Care was taken to relieve the
Subjeflagainftthofe Inconveniences; which, grow-
ing more and more, were after complained of in
Pjrliamcnt.'
Here Mr. Attorney (laid; and, after a little Paufe,
upon felling whelhcr the Lower Houfe would an-
swer particularly to each Precedent, or take all 10-
gpiher, Sir Edv,ard Cske began thus :
* Your Lordfhips have well perceived how fair-
ly, and with what RefpeCt, we have dealt with your
Lordfhips, and everflia!!. We brought up unto
you what we had rcfolved ; and not only that, but
the Caufe and Grounds of our Refolutions, and all
our Records ; the like whereof was never done in
Parliament.' And we are to maintain what we did.
The natural and the politic Body have a great Rc-
femblanceand Proportion : And as the natural Body
hath Symptoms of good or evil Hcallb, fo we hold it
« good Symptom for us, that Mr, Auorncy was fo
long
I
1 2 The Parliamentary History
"'■long and fo loth lo come to it. My Lords, we
Will break Order, raiher than defer the BuGnefs.
This Coaference is batween ilie two Houfes. Mr.
Attorney is no Member of your Houfc : He attcncj*
you; but his Voice is with U3: Yet we aiefo willing
to proceed, that we will lake roHold of Threads;
Let him (ay what he can, but we will allow htm no
Voice here, where he ought not lo fpeak. We hava
diltgatam PateftaWn, lanium permijj'nm, quantum
ttmmijjam ; and therefore, for all new Matter of
this Conference, we come with Ears, not with
Tongues. Vox the Refolutions of the Judges,
wc are glad of them ; and we aie rcnfident ne-
ver a Ju<ige in England will be agamft- what wc
have refolved. We can fay nothing to it ; it it
new Matter ; but we will report it faithfully to
our Koufe-
' ^lintiiian, a notable Rhetorician, (for fo he
was indeed, and taught the Rules beft) f^ks of
Simulatii. It is a Figure of Rhetoric ; and, fey*
he, Simulstig prixedit ut quod dictnda refutare nan
paffimui, id lanqiiam faflidiiiida cakitremus. Me-
ihinks Mr. Attorney has made Ufc of this Simu-
Idtis, and hath flighted the Afts of Parhament j and
therefore we delire they may be read.'
Here being told by the Lord-Keeper, That the
Aits of Parliament were well known, and had been
all read in our Hoofe, he replied, 'I cannot tell,
mjtle quid Entrgia habeat viva Vox: Alas ! Liifia
ectidit, Spiritus autim vivijicat. To flight thefe, is
tanquam fajlidienda caldtrare :' And fo preflet) on
that the A£ls of Parliament might be read and
opened.
And thereupwi began Mr. LiitleUn. * It is agreed
by Mr. Attorney, and relblved by the Judges,
That the Aits of Parliament are all in Force ; and
that the Statute of M/igva Charta concerns the
King as well as the Subj^tt ; nay, the King raihcf
thjn ihe Subjett; 'the Expofition makes all :hc
Matter ; ^nd chiefly of thcfe Words, Legem Terrx i
whichj if ihey bear not the ExpoliiJon which wc
have
0/ £ N G L A N D. 13
I &VC given them, I would gladly have beard from a
f[r. Atlorney another Expofition. I will prove our
xpoDuon by Rejfon : For if thofe Words, Legem
I '^erra, fiiould be extended to the general Law of
_ The Land, then it Ihould extend to Villains ; who,
f the Law of the Land, may be imprifoned by
„ieir Lords wiihout any Caufe ; but fo cannot
F freemen. But I need not infift upon Reafon, the
I Jlxpofition is fo dear by the enfuirg Statutes.*
And reading the Words of the Statute of z^.EJ-
_ ivard IIL ' By this it appears, that what in Ma^-
Xtf Cbarta is cilted Lex Terris, in the Statute of
78. Edward in. is called Prccefi cf the Law.
I :^d where Mr. Attorney laid the Words were ge-
.■ nera!, they arc as exprefs as any Man can pen them
[^ In this Age. And where he faid,That the cnfuing
Statutes extend to Imprifonment, upon Suggeftion
8' i Parties. It is equal whether ihe King do it of
imfeif, or by Supgeftion of others: But Kings
I ISIdotn do thofe Things merely of themfelves ;
L^it as Things proceeding from iomt Man's Sug-
'^ftion.'
Then reading the Statute of 5. Edward III. he
r'fiid, * None would doubt h\ii At! aching in that
I Statute, was attaching the Body.' And reading
f the Statute of ;8. EdwardWl. without any fpe-
\ fcial Inference upon it, he read 36. Edward IIL
The Lord-President*! Report cf the feesnd
Part of the Conference.
-'1k^R.Z.(«/(f«« read divers of the Statules, which
J_VJ_ he ciled in the former Conference, which
v?as reported here on the Sih Day of Apiil, and
made the fame Inferences therefrom ; {g) and Mr.
Attorney delivered another Anfwer unto ihc fame
than wfinc he hid formerly made ; which he left
to the Judgment of the Lords-
Then Mr. Attorney made his Objeflions to the
Precedents, a'.ledged by Mr. SthUn on behalf of
t!ie
,,-ft'.^ Sfc Vol. vir. f. 411-
I
I
1 4 The Tarliamentafy Hi 8 TO r r
•.4.Q)trlet!. the Commons } and Mr. SeldAi gave feveral An-
j6iS. {^fftx^ unto the fame in this Manner :
To the firft of the twelve Precedents, produced
by the Commons, to prove their Refolutions, in the
Ofe o^John Biddlejion^ Pajcb. Ann9 18. Edw. HI.
Rot. 33. i?^;^.
To this Mr. Attorney /ry? objeflcd, « That in
the Return of him into the Court, it did not appear
th2kt this Biddlejlon Was . committed by the King's
Command : And, Jecondly^ That in the Record it
did appear alfo, that he had been committed for
Sufpicion of counrerfeiting the Great Seal; and fo,
by ConTequence, was bailable in the Law, in regard
there appeared Caufe why he was committed.
And he faid. That this Part of the Record, by which
it appeared he had been committed for this Sufpicion,
was not obferved to the Lords in the Argument of
the Commons before ufed. And he (hewed alfo to
the Lords that there were three feveral Kinds of
Records, by which the full Truth of every A-
ward or Bailing, upon a Habeoi Corpus^ is known.
1/?, The Remembrance- Roll, wherein the Award
J5 given, idlyy 7 he File of the Writ, and the Re-
turn. And 3#, The Scrute-Roll, or Scrute-File,
wherein the Bail is entered ; and that only the Re-
membrance-Roll of this Cafe was to be found ;
iand that if the other two were extant, he doubted
not but that it would appear alfo upon the Return
iifelf, that the Caufe of the Commitment had been
expreffed.' And fo he concluded. That this pro-
ved not for the Refolution of the Houfe of Cotn-
mons, touching the Manner of Bail, where a Pri-
foner was committed by the King's fpecial Com-
mand, wuhout Caufe fhewed.
To thefe Objeftions Mr. Selden replied thus :
\ft% * That it was plain that Biddlejion was com-
Ipitied by the King's exprefs Command ; for fo are
the very Words in the Writ to the Conllable of
|he lower ^ quod eum teneri y cujiodiri Jacias^ fcfr.
thiin which nothing can more fully exprefs a Com-
miimcnt by the King's Command.
0/ E N G L A N D. i j
2dlyf * Howfoever it be true, that in the latter Afl.4.chtriei
Part of the Record it ipes appear. That Biddlejlon **•••
had been committed for iheSufpicion of Treafon;
yet, if the Times of the Proceeding?, exprefled in •
the Record, were obferved, it would be plain. That
the Objedion was of no Force: For this one
Ground, both in this Cafe, and all the reft, is in-
fallible, and never to be doubled of in the Law,
That the Juftices of every G)urt adjudge of the
Force or Strength of a Return out of the Body of
itfelfonly, and according as it therein appears to
them.
, vNow in Eajler "term i8. Edward III. he
was returned and brought before them as com-
mitted only by that Writ, wherein no Caufe is
exprefled ; and the Lieutenant or the Conft^ble of
the Tower of London^ that brought him into the
Court fays. That he had no other Warrant to de-
tain him, Nifi Breve pradi£lum^ wherein there was
iio Mention of any Caufe \ and the Court, there-
upon, adjudged, that Breve pradiSium^ or, that
fpecial Command, was not fufEcient Caufe to de-
tain him in Prifon: And, thereupon, he is, bjr
Judgment of the Court in Eajier Terfn^ let to
Main-prize.
' But that Part of the Record, wherein it ap- v.
pears that he had indeed been committed for Sufpi-
cion of Treafon, is of Trinity Term following ; when
tlie King, after the letting to Main-prize, fent to
the Judges that they {hould difcharge his Main-prize,
becaufe no Man profecuted him. And at that
Time it appears, but not before, that he had been
in for Sufpicion of Treafon ; fo that he was re-
turned to ftand committed by the .King's fpecial
Command only ; without Caufe (hewed in Ea/ier
Term ; and then, by Judgment of the Court, let to
Mainprize; which, to the prefent Purpofe, isbat the
fame with Bail> though otherwife it differ. And,
in the Term following, upon another Occafion,
the Court knew liiat he had been connmitted for
Sufpicion of Treafon i which hath no Relation at
' all
^^T 16 T/jeT^r/hfaentary HisroKJ
Aa. 4- ChHln 1. 3II w tl5e lelling of tiim to MiinprJze, nor to th«.
161B. Judgment of the Coiir:, before given ; when they
did not, nor couiJ rot polliljly know any Caufc
for which the King had committed him.
* And Mt Selden (z\d, in Behalf of the Houfe of
Commons, That they had not, indeed, in their
Argument, exprefsly ufed this latler Part of the
Record of Btddif/la/t'sCak, becaufe it being only
of Trinity Term following, it could not concern
the Reafon of an Award given by the Court in
Eajier Term next before. Yet, notwiihftanding,
ihat, they had moft faiihfully, at the Time of their
Argument, delivered in to the Lords a perfect Co-
py, at large, of the whole Record of this Cafe :
As ihey had donealfo of all other Precedents what-
foevft cited by them. And, as touching thofe three
Kinds of Record, the Remembrance Roll, the Re-
turn and File of the Writs and the Scrute ; Mr.
ISelden anfwered, that it was true that the Scrute
and Return of this Cafe of Biddkjlon was not to be
found ; but that it did not leffen the Weight of the
Precedent, becaufe always in the Award or Judg-
ment drawn up in the Remembrance Roll, the
Caufe, whatfoever it be, when any is Diewcd up-
on the Return, is always txpreffed : As it appears
clearly by the conflant Entries of the Court of
King's Bench. So that if any Caufe had appeared
■ to the Couttj it muft have appeared plainly in that
Part of the Roll which belongs to Eajler Term j
wherein the Judgment was given. But the Re-
turn of the Commitment, by the King's Com-
mand, without Caufe (hewed ; and the jLidgraent
of Court, that the Ptifoner was to be let to Main-
prize ; appears therein only : Therefore, not-
^^-. withftanding any Ohjeftion made by Mr. Attor-
^^^L ney, Mr. Sdden afBtmed this Cafe to be a clear
^^^V> Proof, amongft many others, touching that Refo-
^^^p lution of the Huufe of Commons.'
To the fecond of thefe twelve, which wasPar-
iffr'a Cafe iij 22, Benry VIIL Rsl. 37. Mr. At-
lorjiey'a-
0/ E N G L A N D. 17
tt5i"ncy's ObjeSions were two; Firliy * That it An.4.charlc$f.
is true, that he was returned to be committed per '^*^'
Mandatum Domini Regis j but that it appeared that
this Command was certified to the Sheriffs of Lon^
don by one Robert Pecks^ Gent. And that in re*
gard the Command came no other wife, the Re-
turn was held infufficient : Arid therefore he Was
bailed. Secondly^ That it appears alfo in the Re-
cord, that he was committed pro Sufpicione Felo-^
niay ac per Mandatum Domini Regis ; fo that in
regard that, in the Expreffion of the Caufes of this
Commitment, Sufpicion of Felony precedes the
Command of the King : Therefore, it mud be in-
tended that the Court took the Caufe, why the King
committed him, to be of lefs Moment than Felo-
ny ; and therefore bailed him. For he objected*
that even the Houfe of Commons themfelves, iri
fome Arguments ufed by them, touching the In-
terpretation of the Statute of Wi/lminjler the frjf^
Chapter 15. about this Point, had confirmed that»
in Enumeration of Particulars, thofe of greatelt
Nature were firft mentioned ; and it was fuppofed,
that fuch as followed are, ufually, of lefs Nature of
Moment.
Mr. SeldeH replied to the firft Objefliori, « That
tile Addition of the certifying the King*s Com-
mand, by Robert Pecks^ altered 'not the Cafe.
Pirji, Becaufe the Sheriffs, in their Return, took
Notice pf the Command, as what they were
affured of j and thdn, howfoever it came to
them, it was of equal Force, as if it had been men-
tioned without Reference. Secondly^ That as di-
vers Patents paffed the Great Seal by Writ of Privy
Seal, and are fubfcribed /^r £r^z^^ de privato Sigilloy
fo divers per ipfum Regem^ and are lo fubfcribed :
And often- times, in the Roll of former Times,
to the Words per ipfum Regem are added Nuncial
A, B. So that the King's Comrtiand generally^
and the King's Command, related or certified by
fuch a Man to tliis Purpofe, is of like Nature.
Vol. VIII. . B ' Thirdly,
1 8 7he Parliamentary Hi s T o r t
Aij.4.charlcsl.7Wrrf^, In the late great Cafe of the Habeas Cor-
162S. puSy where the Return ot the Commitment wa»
per Jpeclale Mandatum Domini RegiSy mihi fignifica*
turn per Dominos de private Confilio ; the Court of
King's Bench did agree that it Was the fame, and
of hke Force as if mihifjgnificatum, He, had not
followed : And that thofe Words were void. Ac-
cording whereunto, here alfo per Mandatum Do-
mini Regis nunciat.per Robertum Pecks y was to be
taken as if numiat. per Robert. Pecks had been v^ hol-
ly omitted, and void.
' Likewife, and in Truth, in that late Cafe,
this Cafe of Parker was cited both at the Bar and
Bench : And at the Bench, it was interpreted by
the Judges no otherwife than if it had been, only,
pef Mandatum Domini Regis in this Place of it.
* But the Objedtion made there was of another
Kind J as now delivered in the firft Argument
nriadeout of the Precedents, in Behalf of the Houfe
of Commons. Then for the fecond, touching the
Courfe of Enumeration of the Caufes in the Re-
turn ; Mr. Selden faid, That, howfoever, in feme
Adts of Parliament ; and, elfewhere, in the folemn
Expfeffions ufed in the Law, Things of greater
Nature. precede and the lefs follow; yet, in this
Cafe, the contrary was moft plain : ror, in the
Return, it appears that there were three Caufes of
detaining the Prifoner; Surety of the Peace; SuP
picion of Felony ; and the King's Command : . And
Surety of the Peace is firft mentioned, which is
plainly lefs than Felony. Therefore, it is as plain,
(if any Force of Argument be here to be taken
from this Enumeration,) that the contrary to that,
"Which Mr. Attorney inferred, is to be concluded :
That is, as Felony is a greater Caufe than Surety
of the Peace; fo the Matter, whereupon the King's
Command was grounded, was greater than Felo-
ny : But, in Truth, this Kind of Argument holds
neither Way here. And whatfoever the Caufe
was, why the King committed him, it was impof-
fiWe for the Court to know i and it might alfo
hive
0/ E N G L A N D. ip
have been of very high Moment, as Matter of State^ An. 4. chuU% h
and yet of far left Nature than Felony : All which' ««»«.
(hews this Precedent hath it's full Force alfo, ac«-
cording as it was firft ufed, in Argument, by the
Houfe of Commons.
To the third of thefe, which is Brimtes his Cafe
In 35. Henry Vlll. Rot. 33. the Objeilion by Mr.
Attorney was, * That there was a Caufe exprefled
pro Su^ichne Felonia ; and though pro alls Caufit
illos moventibus were added in the Return, yet, be-
caufe, in the Courfe of Enumeration, the general
Name of alia^ coming after Particulars, includes'
Things of lefs Nature than the Particular doth :
Therefore, in this Cafe, Sufpicion of Felony being
the firft 5 the other Caules, afterwards generally men*
tioned, muft be intended of a lefs Nature ; for which
the Prifoner was bailable ; becaufe he was bailable
for the greater, which was Sufpicion of Felony.*
Hereto Mr. Selden replied, * That the Argu-
ment of Enumeration, in thefe Cafes, is of no Mo-
ment, as is next before {hew*d ; and, that although
it Were of any Moment, yet the alia Gcufa^ tho*
lefs than Felony, might be of very great Confe-
quence in Matter of State ; which is pretended^
ufually, upon general Returns of Command, with-
out Caufe (hewed : And, it is moft plain that the
Court could not know the Reafons why the Prifo-
ner here was committed ; and yet they bailed him,
without looking further after any unknown Things
under that Title of Matters of State ; which as well
might have been in this Cafe as in any other what-
foever.'
The Obje^hns made by Mr. Attorney again/1 the
Fourthy Fifths Sixths and Seventh Precedents^
alkdged by thi Houfe of Commons- in favour of
their Refolutions^ with Mr, Selden'i Anfwers
theretOy are omitted in the Journals,
Tp the Eighth, which is Brown'ng's Cafe, in
P. ao. E/iz, Rot. 7a, it was faid by Mr. Attorney,
B 2 * T\iJ.X.
ao The Tarliamentary History
Aa. ♦• Charles i/ That he was bailed by .a Letter from the Lord^
i6a8. of the Council, directed to the Judges of the Court:
But being alked for that Letter, or any Teftimony
of it, he could produce none at all : But faid. He
thought the Teftimony of it was burnt among ma-
ny other Things of the Council-Table, at the
burning of the Banquetiing Houfe.
To the Ninth, being Harcourt*3 Cafe, 40. Eliz»
Rot. 62. the felf-fame Objection was made by him^
but no Warrant was fhewed.
To the Tenth, which is CaUjby^s Cafe in the
Vacation, Hillary ^ 43. Eliz. Mr, Attorney faid,
* That it was by Direction of a Privy-Seal from
the Queen ; And to that Purpofe, he fhewed the
Privy-Seal of 43. Eliz. which is at large araongft
the Tranfcripts of the Records, concerning Bails
taken in Cafes where the King or Lords of the
Council aflented^'
Mr. Selden replied, * That the Privy-Seal was
made only for fome particular Gentlemen menti-
oned in it, and for none others ; as, indeed, ap-
pears juft; and then Mr. Selden faid. That it was
likely, that Catefhy here had a Privy-Seal, in his
Behalf, becaufe thofe others had fo/
To the Eleventh of thefe, which is Beckwith^%
Cafe, in Hillary 12. Jac. Rot. 153. Mr. Attor-
ney faid, * The Lords of the Council fent Letters
to the Court of the King's Bench to bail him ; and
he produced a Letter, which could not be found
when .the Arguments were made at the firft Con-
ference/
To this Mr. Selden replied, * That the Letter
Was of no Moment, being only a Diredion. to the
Chief Juftice, and no Matter of Record, nor any
Way concerning thereft of the Judges; and;befides>
either the Prifoner was bailable by Law, or not bail-
able ; if bailable by the Law, then he was to be
bailed without any fuch Letter; if not bailable by
the Law, then plainly the Judges could not have
baileil
N^D.
Of E N G L A N^D. ai
bailed him upon the Letter, withoat Breach ofAji#4«Charleii.
their Oath j which is, that they are to do Juftice, '^*^*
according to the Law, without having Refpedl to
any Command whatfoever. So that the Letter,
in this Cafe, or, the like in any other Cafe, is, for
Point of Law, to no Purpofe; nor, hath any
Weight at all, by way of Objeftion, againft what
the Record and Judgment of the Court fhew us.
Te the Twelfth and laft of thcfe, which is Sir
^omas Mounfoii% Cafe, in the 1 4. Jac, Rot. 147 . the
fame Objeftion was made over again by him, which
was moved and anfwered in the Argument at the
firft Conference ; and that one Ground, which is
infallible, that the Judgment, upon a Return, is
to be made out, only, of what appears in the Bo-
dy of the Return itfelf, was again infifted upon by
Mr. Seldeuj in this Cafe i as it was alfo in moft of
the reft.
A fter Mr. Attorney *s Objedlions to thefe Twelve,
and the Replies given to thofe Objediions, Mr.
Attorney came next to thofe, where the Af-
fent of the King or the Privy- Council appears
to have been given to an Enlargement : And
he made the fame Kind of Objeftions as are moved
and anfwered before : And, for fo much as concerns
Letters of Affent or Diredlion; the fame was here
faid again, by way of Reply to him as before^
touching the Letter in Beciwith*s Cafe.
ITh Earl of Hertford'^ Report of the third
Part of the Conference.
A Fter Mr. Attorney had made his Obje£Hons^
and the Gentlemen of the Commons Houfe
their Anfwer, to what had been faid touching the
twelve Precedents, brought all for exprefs Tefti-
monies, for the Maintenance of the Refoluiion of
the Houfe of Commons ; and after the Gentlemen
of the Houfe of Commons had given their Anfwer
to that which was objedled, out of fuch Precedents
^s (hew fome Aflent of the King's Attorney, or qf
Ihe Lords of the Council, to the bailing of Prifo-
B3 oers
Th parliamentary H:
la TbsvarUamentary Hisro^r I
Aa, 4.ch».l<3i.r«s Committed by fuchfpccial Command: Mr.At-
1618. torney came to urge the eight Precedents (01 ibe
other Side againfl tlial Kcfolutiun; which eight
were mentioned, and Copies of them given in aE
the firft Conference.
Of thefe eight, the firft four were utf ed by Mr,
Attorney, ae being of one Kind ; the Difference of
them being only fuch, that, laving the Names of
the Perfons and Prifbns, they are but one and the
felf-fame. But whereas at the firft Conference it
had been faid. That, in the late Cafe, touching ihij
Point in the King's Bench, the Court had replied
upon thefc four; he (aid, That there were but
two of them ufed in that Cafe. The Force of
ihcfc four he objefled thus : * That RUhard Evs'
rard, for the Purpofe, in the firft of them, which
I is 5. tbnry VI|. -So/. 18. Rsger Chirry, in ths
^^». fecond of tlicm, which is 8. HfnryVW. Rut. 12.
^^K ChriJIopbir Burteii, in the third of them, which is
^^H g, IJeBry Vll. Rot. 14, and George Vrfivick, in the
^^^ fourth of them, which is 19. Hinry VII. Rit. 23.
f were returned into the King's Bench upon feveral
Writs of Hiibeai Carpust 10 have been committed
► and detained in the feveral Prifons whence they
^ ame, per Mandatum Domini Rigis; and that, upon
f ihat Return, they were committed to the Marfhal
; of the King' s Bench : And that however it hath
I been cbjeifled againft ihefe four Precedents, That
this Kind of Couimiiment, by the Courfe of that
Court, was always done before the bailing of the
Ptifoners; yetlhat it did not appear thatthey were
Mr, Sddci's Anfwer to this ObjeSion was, ' That,
by the confiant Courfe of the Court of the King'i
Bench, whofoever came by Habeai Corpus, or other-
wife upon any Writ, into that Court, cannot be
bailed umill he b? firft committed to the Marflial
of that Court ; and that thence it was Ihat all thefe
four were committed to the Marflial, as appears by
(he Eniry, fui ammittitur Marejialh, i^c. which
JS il)f ufyil gptry ^n fych % (^afe ^ and that all the
0/ E N G L A N D. 23
Gerks of that Court acknowledge this Courfe ofAa.4.Char:ci(
,Entry to be moft conftant and perpetual : So that '^**'
all the Inference that can be made out of thefe four
is but this, That four Prifoners being brought froni
feveral Prifons, by Habeas Corpus^ into the Kinfs
Bench, and returned to Hand committed per Man--
4atum Domini Regis y were fo far from being re-
manded by the Law ; that, in all thefe four Cafes,
they were firft taken from the feveral Prifons, where*
in they had been detained by fuch a general Com-*
mand ; which could not have been, if they had not
been adjudged, in every of thefe Cafes to have beeii
bailable bv the Court : And t^at thisCommitment of
them to the Marftial of the King's Bench j was the firft
Step towards the Bailing of them, as in all other Cafes :
But that it appears not, that either they ever de-
manded to be bailed, or that they were able to find
fufficient Bail : And if they did not the one, nor
could do the other, it might follow indeed, that thtf
were not bailed} but this Conimitment to the
King's Benchy being the firft Step to the bailing of
them, {as by the conftant Courfe it is) (hews moft
plainly that they were bailable by the Law ; which
is the only Thing in Queftion.*
And it was further urged by Mr. Selden^ * That,
altho' thefe four Precedents were ranked araongft
thofe that may feem to make againft the Refolu-
tion of the Commons ; which was done, both be-
caufe they have this fmall Colour in them, for the
other Side, to any Man that is not acquainted with
the JJature and Reafon of the Entries and Courfe
of the Court of King's Bench ; and alfo becaufe all,
or fome of them, had been ufed in the laft great
Ca(e. in the King's Bench as Precedents that inade
againft the Liberty claimed by the Subjeft ; yet, in
Truth, all four of them do fully prove their Refo-
lution : That is, they plainly Chew that the Court
of king's Benchy in every of them, refolved, That
the Prifoners fo committed were bailable ; other-
V'ife they had been remanded^ not committed, to the
IJ^^rfha! of the IQng's Bench:
And
14 TT^^ Tarliatnentarj Histort
fji.4.charlcii. And it was faid by him alfo, * That the Chief
j0a8. Clerk of the King*s Bench did, out of bis Experi-
ence, affirm to them in their own Houfe, That,
without Queftion, every of thefc four Prifoners
were either bailed, or bailable; Which as fully
makes for their Refblution as any Thing clfe what-
soever/ And this was the Anfwer to the Objec-»
tlon made by Mr. Attorney upon thefe four Prece-
. dents, being all of tb^ Time of Henry VII.
To the fifth of thefe eight being Edward Pagers
Cafe, in 7. Henry VIII. Rot. 23. Mr. Attorney
objcdled thus : He faid, * That Edward Page waa
committed to the Marfhal of the Houfliold per man^
datum Domini Regis ^ ibidem faho cujiodiendo^ &c. qui
eommittitur Marefcallo Hojpitii Domini Regis ; by
which it appears* as he faid, that the Court re-
manded him to the Prifon of the Marjbalfea of th^
Houfhold.-
And he faid, * That whereas it bad been objeft-
^d at the firft Conference, That there was fome
Miftake in th^ Entry, he faid, he conceived indeed
there was* a Miftakej and th^t the Miftake was,
That the Clerk had entered commitiitur for rerpitti-
fur; and that it fhould have been, ^i remittitur
Marefcallo Hofpitii Domini Regis ; for whenever
they remand the Priifoner, remittitur, and not com^
mittitur (hould he entered : And that Miftake being
-fo redtified and underftood, he conceived that it wa^
a direfl: Precedent againft the Refolution of th^
lloufe of Commons.'
To this Mr. Seld^n anfwered * That there w^^s
110 Doubt indeed, but that a Miftake was in theEntry
by the Clerk ; but that the Miftake was quite of*
-Another Nature : The Addition of thefe Words,
flofpitii D^f/iini Regis was the Miftake ; and the
Entry fhould have bepn, ^ui committitur Mare--
(callo, l5i[, on'.y : That is, he was committed to the
Marfhal of the Klng*s Bench. And fo indeed the
force of this Precedent fhould be but juft the fame
Vitl^ (he fifft four. But that the Ignorance of the
0/ E N G t A N D. aj
Clerk that entered it, and knew not how to diftin- An.4.C]iatle9L
guifh between the Marflial of the King's Hou(hold» >^***
and the Marflial of the King's Bench^ was the Caufe
of the Addition of thofe Words, Hofpitii Domini
Regis:
And to confirm fully this Kind of Interpre-
tation of that Precedent, and of the Miftake in
it, it was further obferved by Mr. Se/den ' Tl»t
there is, in the Margin of the Roll, an infid-
lible Charadler that juftifies as much ; for, by
the Courfe of that Court, whenfoever a Prifo-
ner is committed to the Marflial of the King^s Bench,
and* not remanded^ the Word Marefcalh is written
by Ma and r turned up ; and that it is never written
there, but when the Meaning and Senfe of the
Entry is, that the Prifoner is committed to the
Prifon of the fame Court.
' Now, in this Cafe, in the Margin, MazvA the r
turn'd up is likewife written ; which moft clearly
{hews, that the Truth of the Cafe *as. That this
Page was committed to the Marflial of the JGng^i
'Bench ^ and not remanded \ for if he had been remand*
edy neither could the Entry have been committitur,
nor fliould the Margin of the Roll have had Ma^
refcallq written in it.'
And thus he anfwered Mr. Attorney's Objec--
tion touching this Precedent; and concluded,
^ That now, befides the firft four of thefe eight, they
bad another, and therefore five more, to prove plain-
ly, that a Prifoner committed per Mandatum D^
mini Regis^ generally was bailable by the Judgment
of the Court : However it appears not in thefe
Particulars that they were bailed 5 which, perhaps,
they were not, either becaufe they prayed it not,
or becaufe they could not find fufficient Bail.'
To the fixth of thefe eight Precedents being the
Cafe of Thomas Cafar^ in 8. Jacobi RegiSy Rot. 99.
Mr. Attorney objefled thus : * That Cafar^ be^
ing committed /><?^ Mandatum Domini Regis 10 the
Mqrjhaljea of the Houfliold, was returned upon
fiqb^as Corpus to 6e Jo committed^ and therefore
2 6 7he Tarliamcutary History
'AD,4-Cinrleil.'ictaincd inPriron; and therefore the Entry is, ^t
iftiS. remtliiiir Prifona MarefcaUi pradiSii ; by which
i[ appears clearly, thai he viia remanded to the
lame Prilbn from whence he came.'
b
1
To thiaMr. S^.y^nanfwered, ' Theufua! Entry
oi A Remittitur, when it is to fliew that the Court,
by way of Judgment or Award, upon Relblution or
Debate, remanded the Prifoner, is ttmiltiiur guduf-
gut, l^c. which is rtmittitur qmvfqut fecundam Le~
gem dcUberaius fumt : But when they advjfe, or
give Day to the Keeper of the Prifon to amend
his Return^ or the like, then the Entry is only
rimitiiiw generally ; or remitiiturPrifinapradiSte.*
- Tho' it was indeed afErmed by Killing, a Qerk of
Expeiience in that Court, That the Entry of re-
mittitur generally, or remittitur Prifina pradiHiey
was indifferently ufed for the fame, that is remittitur
fueufgue, &c. Yec it was exprelly fliewed by Mr. Set-
den, Thst there was fometimes a Difference, and
that fo it might well be in this Cafe: For in the laft
of.thefe eight Precedents, which is Saltonjiall's Cafe,
he obferved, ' 'Th:>X remittitur Prifona pradiiia a
often ufed ; and, in that Cafe, it is plain that twice
it was ufed only for a Remanding, during the ,
Time which the Court gave loihe Warden of the i^^|
Fleet to amend his Return ; which (hews plainly,, ^^|
fis It was faid, that aliho' fometimes remittitur ge- » ^H
nerally, and remittitur queufque may mean but the" ^^
. fame, yet fometimes alfo it does not mean the fame:
And that, in this Cafe of Cafar, it intends but fo
much as it doth, twice, in SaStanJfatrs Cafe.' ^^
This they proved alfo by a Rule of the Court* '^^|
ivhich they cited out of (he Rule-Book of the Ki'/gs ^H
Bench: By which Rule the Court exprelly order- ^^|
ed, Thar, unlefs the Steward and Marllial of the ^^
Houlhold did fuffidently return the Writ of Ha-
beas Carpus for Ca-fir, he fliould be difcharged.
The Words of the Rule are, as they cited it, Ni_j^
prisdlSfui Senefiahus ts" Marefialhis tbfpitii Dsmim
Jif^it ptffidenltr retur/iavmnt Breve da Habea\
Cur-
0/ ■ E N G L A N D. 17
Corpus Thma Cafar^ Die Merauii proximo pojl ^
fuindefi.Sariifi Mirlirii,De/end0n: exsttcrabitur. And
this was the Opinion of the Court ; which flievvs,
as U was faid, that ihe Court was fo far from re-
manding him upon the Return, iliai {hey rcfolved,
that unlefs fome better Return was made, the Pri-
Ibner (hould be difcharged of his firft Imprifon-
menl ; though it appeared to them, ou t of the Bo-
dy of the Return, upon which they are only to
judge, that he was committed per Mundatum Ds~
mini Rigts only. And the Rule, they faid, not
only thews the Opinion of ihe Court, then, to have
been agreeable to the Refolutions of the Houfe of
Commons ; but alfo proves that remittitur general-
ly, or remittitur Pnfifia pradi^ie^ doih not al-
ways impiy a Remanding upon a Judgment or
Debate.* And thus they gave Anfwer to this of
Cafar's Calej which is the fixth of this Number.
The fcvenih is the Cafe of Jama Demetrius^
which was in I2. yacabi. Rot. 153. Mr. Attorney
objefled, • That this Demetrius, and divers others,
being Brewers, flood committed per Motidatum Da-
mini Regis 10 the Marjhalfea of the Houfhold ; but
that, upon the Halicas Corpus being fo generally re-
turned, they were remanded; and that the Entry
was immediate remittitur pre/at, MarefcalU Hefpi-
Hipradiifii where he obferved. That immediate
fliews that the Judges of that Time were fo rcfol-
ved of this Qucftion, that ihey remanded him pre-
fently, as Men that well knew what the Law was
theteis.*
HeT'etoMt. Seldeitsnfwet'd, ij}, ' That the /!*-
iniititur in this Cafe is but as in the other of C^r's,
and fo proves nothing againft them, id/y. That
i*nm^(//d// (hews plainly, that it was done without
Debate, or any Argument or Confideration had of
it; which makes the Authority of the Precedent
to be of no Force in Point of Law : For Judg-
fiients a(id Awards given upon Deliberation and
DehJts
a 8 The Tarliamentary History
4. charicf 1 .Debate onfy , are Proofs and Arguments of Weight ;
seis. and not any fudden Aft of the Court, without De*
bate or Deliberation.*
And the Entry of Immediate being propofed to
Mr Keeling y it was anfwercd by him, That, by
that Entry it appears, by their Courfe, that the
remanding of him was the felf-famc Day that he
was brought; which, lAx Selden idxi^ might be at
the Rifing of the Court, or upon Advifement, or
the like/ And thus ihey gave Anfwer to this rre-.
cedent of the Brewers.
The laft of thefe eight is Sabonjtalf^ Cafe, in
12, Jacobi Regis f to which Mr. Attorney objefted
thus, ' He was committed per Mandatum Domi'
. mrum de Privato ConJiUo ; and being returned by
the Warden of the Fleet to be fo, remittitur Pri^
fona pradi5ia: And, in 13. Jacobi^ in the lame
Cafe, there is remittitur generally in the R9II.
And thefe two make but one Cafe, and are as ope
Precedent/
Mr. Selden anfwered, ' It is true that the Roll
hath fuch Entry of remittitur in it generally; but
that proves nothing; upon the Realbn before ufed
by them in Cafar*s Cafe; but alfo they obfervcd.
That Saltonftalt vfzs committed for another Caule,
befides per Mandatum Dominorum Ccnfilii^ viz. for 3
Contempt againft an Order in Chancery ; and that
was in the Return alfo. And befides, the Court,
as it appears in the Record, gave feveral Days to
the Warden of the Fleet to amend his Return i
which they would not have done if they had con-
ceived it fufficient; becaufe that which is fufficient
needs not any Amendment.^
^ To this Mr. Attorney replied, * That they gave
him Day to amend his Return, in refpedl of that
Part of it that concerns the Order in Chancery j
^nd not in refpeft of that which was per Manda-
tum Confilii,*
Mr.
. Of E N G L A N D. ap
Mv. Selden (My * This appears no where; norAa.4.C!Mttfci|,
indeed is it likely at all, nor can be reafonably fo un- '^***
derftood j becaufe if the other Return, per Manda^
turn Conftliiy had beenr fufficient by itfelf, then,
doubtlefsy they would have remanded him upon
that alone : for then they needed not to have ftood
tt all upon the other Part of the Return in this
Cafe. So that, out of the Record itfelf, it ap-
pears fully. That the Court conceived the Return
to be infufficient.*
And fo the Gentlemen of the Houfe of Com-
mons concluded, * That they had a great Number
of Precedents, befidcs the Afls of Parliament, a-
greeablelo their Refolution, and there was not one
made againft them ; but that even all thofe
brought by Mr. Attorney • himfelf, if rightly
nnderftood, made fully for the Maintenance of their
Refolution/ The Objeftions being thus made I)/
Mr. Attorney, and the Anfwers by the Gentle-
men of the Houfe of Commons, the Confideration '
of this, with the reft, was left to your Lordfhips*
Here Mr. Attorney fpake to the Houfe of Com-
mons about that Order that Keeling^ by his Ap-
pointment, had drawn up (A); but it was to^ the fame
Effed that he had fpoken to your Lordfhips in the
Houfe before.
And then, my Lord of Devonjhlre put Mr. At-
torney in Mind of fome Things omitted by himy
which he had formerly fpoken of in this Houfe ;
which occafioned the Conlerence next Day ; which
I leave to the next two Lords, in their Order, to
report.
Thefe three Reports being ended, the Lords a-
greed to hear the reft, which was to be reported by
the Earl of Devonjhire and the Lord Bifhop of Z/«-
coin in the Afternoon ; but not to enter into De- '
bate thereof until Monday.
Dii
(b) See Vol. Va. p. 385.
3 0 7 he Tarliamentary Hi s to r t
iGiS. ' DifSabbati, ig. Die Apri/is, i6j8. Psft Mtridient.
The Earl e/DtvoKsH\s.r.'s Report tfthefnuTtb
Part of the CoNF ERENCE wilh the Commons*
eemernifis the Liberty y/i* Subject.
THIS confifted of the Argument made ufe of
by Mr, Attorney- General and by Mr. Ser-
jeant jf^ley, 33 of Counfel for the King herein.
And fi.ft,
Mr. Attorney (a). * My Lords, and you the
Gentlemen of the Commons Houfe, according to
your LordfhipE Dire^ions, Yefterday I made fome
Relation of Part of that, which before, upon the
like Commandment, I had Ifxjken before the Lords
in their Houfe, upon the Occafion of that Decla-
ration, which was fent to ihc Lords from the Com-
mons Houfe.
' The Courfe 1 then took, as your Lordfhips
m^ybcpleafed to remember, was this: After I
had firft fet down the State of the Queftion be-
tween us, and fpoken fomewhat of the Siatuie?,
which were mentioned and infiUcd upon, by that
Declaration, to maintain the Tenet or Propofiiion
of the Commons, concerning their perfonal Li-
berties ; I came to the Precedents, which were de-
liTcred on either Side, and opened the Reafons and
Applications of ihem one by one i and fpent that
Day on that Part of the Work, as being the moft
■Weighty, and that, on which my Lords, the
Judges of ihc King's Bench, grounded their Refo-
. lutionsand Rulethey gave there; Thalwhichnow
remains to be fpoken unto, is, the Opinions anil
Refolutions of the Judges and Sages of the Law in
former Times, touching this Queftion ; and the
Reafons, which have been given on either Side, to
mainlain or oppole th-it which haih been affirmed
in this Cafe,
' 1 fhall not, willingly, draw your Lordfliipj
back to any Thiiig which hath been formerly faid,
but for fo much only as is of Neceffity: For, be-
fow
(i) Sir Esifff Hiati,
0/ E N G L A N D. gi
fore we proceed to ihefe Parts now to be fpokenAii.4.C1iaiktt
unto, it will be neceflary that I do, clearly and **^*
plainly, lay down the true State of the Queftlon ;
that fo we may apply the Refolutions and Reafons
ad idem.
* This, as it is delivefed in Writing from the
Houfe of Commons, flands upon two feperate Re-
folutions ; but it is fit to join them together, for
they niake but on? entire Propofition ; and are fo
linked together, and^depend one on the other, as
they cannot be fevered.
' The Words of this Propofition are ihefe. That
no Freeman ought to be committed or detained in Pri^
fin^ or otherwtjfe reftrainedy by Command of the ISng^
or the Prizy- Council^ or any other \ unlefsfome Caujt
of the Commitment y Detainer or Rejiraint be /x-
prejfed ; for whichy by Law^ he ought to be eommit^
tedy detained^ or refrained: And, afterwards,
7 hat if a Freeman be committed^ or detained in Pri*
fin, orotherwife refrained^ by Command of the King^ ^
Privy- CoundU or any other \ no Caufe offiich Com*
mitmenty Detainer^ or Reflraint being expreffedi
and the fame be returned upon an Habeas Corpus
granted Jor the Party j that then he ought to be de*
livered or bailed (k).
* To maintain this as it is propounded ; the
Words of the Statute of Magna Charta, cap, zg.
are laid' down as a Foundation, Nulks liber Homt
imprifonetur ^ /to omit the reft of the Words which
are for other rurpofes,) nift per Judicium Parium .
fmruiriy vet per Legem lerra ; and the fix fubfe-
quent Statutes ^ave been read and enforced, as Con-
firmations and Explanations of that Pafl'age in Mag-*
na Charta.
/ I (hall not draw your Lordfbips back, further,
into the Confideration of thefe Statutes ; than only
to put you in Mind that the Statute of Magna
Charta doth not contain, or exprefs, any defini-
tive Words of this Declaration: Nor hath it any
Words In it more particular than ihefe, Nif per
Legem Terra, Therefore, the Words being gene-
ral,
{k) See VoKVU. p. 407«
3a T/jeTaHiameHtaryKisroSit
Aii.4.charie8i. ral, they have need of fome Commentaries, o^
*^*^» Helps to expound them.
' It hath been faid on the other Side, That thefe
fubfequent Statutes do expound tKefe general Words j
and that per Legem lerra is to be underftood per
d^bitum Legis Proceffumy L i. by Indidlment. Pre-
fentment or original Writ. Surely, my Lords^
ll\is cannot be the true Meaning of thefe Laws 2
For then it muft neceffarily follow. That no OfFen-*
der could juftly and legally be committed, and re-
ftrained of his Liberty, unlefe he was lirft indided
or prefented by a Jury j or that an original Writ be
brought againft him ; which neither is, nor ever
was, the Pradlice of this Kingdom in criminal
Cafes.
* For then could not a Conftable, (which is the
loweft and yet the antienteft Officer of the Crown j
nor a Juftice of Peace, but in thefe Cafes only
where there is a precife Statute to warrant him,
either apprehend or commit one to Prifon j or fet
a Knave in the Stocks for a juft Sufpicion. Nay
if he was taken, he could not, according to thia
Dodlrine, be commited, unlefs the Fa£l was firft
prefented or found by a Jury ►
My Lords and Gentlemen, for I fpeak to thofe,
of whom, I am fure, the greateft Part are Perfons
of Authority in your Countries, I appeal to you
all J Whether if this ihould be held for a Diredlion,
I may not truly fay. In hoc erravimus omnes? And
whether it would not be too late, and utterly in
vain, to proceed againft Offenders, when they muft
. be left at large until the Indiftment was firft found,
or Prefentment made againft them ? For, furely^
they would then provide for themfelves, and be
gone when they fliould be proceeded againft.
* And for a Writ original in criminal Cafes, I
profefs 1 know not what it means, if it be not at
the Suit of the King. Therefore, dbubtleft, there
is fome other Meaning of thefe Words : And that
they can be no otherwife underftood, but of a le-
gal Proceeding to Judgment or Condemnation j
But
Of E N Q L A N D. jj
But can, in no wife, be meant of the firft ComrAji.4.c?haiici'i«
mitment, or putting into fafe Cuftody, to the End i^**
the Party accufed may be fure to be forth- coniing.
• But if ye will vary the Cafe thus far, as to
fay. That, by thofe Laws, no Freeman ought to
be committed, or imprifofied, without juft Caufe;
this I (hall agree to be good Law : And (hall wil*
lingly fubfcribe unto it; that neither the King's
iPrivy Council, nor the King, nor any other, have
Power, that is, have a juft and warranted Power^
to commit any Freeman without a juft Caufe.
• But herein ftanda the Difference ; Whether
this Caufe muft be always expre&d upon Commit^
ment ;. and \rhetber fuch Caufe fo exprefied, muft
alway? be legal and warranted by the ftridt Rulc»
find Letter of the Law ; or whether the Law hath
not ever allowed this Latitude to the King, or h\9
Privy- Council, which are his reprefentative Body^
and dp what they do, in his Name and by his Pow-
er, in extraordinary Cafes, to reftraln the Perfons
6f fuch Freemen ; as, for Reafon of State, they
iind neceffary for a Time, without the prefent ex*
preffing of the Caufes thereof : Which, if it ihould
be exprefled, might difcover the Secret of the Stata
in that Point, and might eafily prevent the Service
by that Difcovery.
• What hath been the Ufe and Pradlice in all
Ages, in thefe Cafes, appears by the many Pre-
cedents, which have been remembered and read
Unto you : Of which I {ball fay no more unto your
Lordfliips thati this. It is not the Confidence, by
which they be delivered or applied on either Slde^
that makes them better or worfe, or more or lefsi
to the Purpofe, for which they were brought :
And therefore I (hall recommend them to your
tiprdftiips Memories, and great Judgments and
. Wifdom, to weigh them and every of them.
• And now I come to the Authorities and Re-
folutions of former Times, which have been re-
membered.
• There hath been fome Mention and Reliance
roade, for this Matter, upon the Statute of Wejl^
Vol.. VIIL C minjier^-
34 TheTarliameittnry Histokt
lin.4-Cia<\t^l.minfier t. Chop. 15. which was made in i. Ed-
i6»*. ward I. and this, as I laid hereiofore, did explain
this great Doubt ; By the Gentlemen of the Com-
mons it hath been much infilled upon, and a great
dcjl of Pains taken to prove, that that Statute was
made for Sheriffs, and fuch other inferior or mi-
difterial Officers; and did not extend to the Judges,
who are neither mentioned nor meant thereby.
* Surely, my Lords, I (hall much eafe that
I, Pains ; for I do agree, that that Statute was made
^^H for the Direction of Sheriffs, and fuch other minif-
^^^k lerial Officers ; andfortheir Punifhment whenthey
^^K . fhould offend in Cafes of felting Prilbners at large
^^^1 by Plevin: But that which 1 affirm upon ihatSta-
^^H Uite, 10 this Purpofe, is, That in the Recital of
^^^R ihat Statute, it is agreed what the Common Law
^^V was before ; which is, thai in thofe Cafes there
^^^ mentioned, which are four, they were not repli-
viable at the Common Law.
* If at the Common Law this was fo, then it
was long before ;hc Siaiute of Magna Ckarta; and
if it was fo at the making of this Staiuie, then
Magna Charta had not altered it. And obferve,
I pray, th^t ihis was made in the Time of the Son ;
' not in the Time of the Father, when the Statute
' of Magna Charta was made; And this Statute
, of Wtlimivjler t. doth not recite that thefe four
Sorts were not replevlable by Sheriffs; but gene-
rally, that they were no.t replevlable at all: A-
monpft which four, thofe who are committed by
I the Command of ihe King himfelf, isoneof thole
B Sorts; and this is the fame Exjiofilion, which I
find Mr. Juftice Stamford makes of it, who was a
reverend Judge of the Court of Common Pleas, at
that 7"ime, when he wrote ihe T^eatil'e of the Pleas
of the Crown ; in whi^h Treatife Fsl. 72. after he
hath recited theStatuteof /■^f/?CT;ff^rr, adlirbUBii
bisoWn Words are thus ; * By .this Statute it ap-
pears, that in four Cafes, at the Common Law, a
Mim was not replevlable: And thefe were fuch as
were taken for Ihe Death of a Man ; or by the
Of fi N G L A ^ D. is
Commahdment of the King ; or of his Jufticcs j Am4.charfc#l4
br for the Foreft. ^^^
* For the Death of a Man, he faiih, hfe had
fpoken before j and as for the Cottimandtncnt of
the King, it was intended the Commandtnent of
his own Mouth ; or of his Council, which are in-
corporated with him, and fpeak with the Mouth
of the King himfelf, for himfelf. If ye will take
ihefe Words &fa Commandment generally ; ye may
fey that ei^ery Commandment by Capias in a perfo-
nal Action is fuch : For there the Words are Pra-
dpimus tibif qw^d capias^ and yet there the Defcn-
6ani is repleviable by the Common Law. And ad
to the Commandment of the Juftices ; it is intend*^
€d theii" abfolute Commandment. And, in the
fame Chapter, in the next Leaf, he faith, That if
One becommitted by the abfoluiie Command of the
Juftices, he is not bailable. As if the Juftice com-
tnand one to Prifon without fliewing Caufe ; or
for Mifdemeanor before himfelf; or for fuch ^
Thing as lieth in the Difcretion of a Juftice more
than his ordinary Power.'
* My Lords, I pray obferve this Part of his Or
pinion alio : For it makes full againft the Tenet of
(hfe Houfe of Commons : For that goes general^
Il)e^ the kingi nor no other ^ can commit without Cauji
Jhewed\ which, as here appears, the Juftices of
the King may do. My Lords, have the Juftices^
this Power and this Latitude, and (hall it be be-
Heved that the King himfelf, who is Juflic'oriui
Regnij and is the Fountain of Juftice, may not be
trufted with thdt Power? And, that this is thS
Powerof the Juftices, appears alfo by another Au-
thority, in our Books in 31. Henry VI. FoL xr.
in out David Se/tie*s Cafe, (the Opinion of that
reverend Judge Forte/cue) That if the Judges do(
commit a Man, without (hewing a Caufe thereof;
ot without tnaking any Rctord thereof, as man^
Times they did, it (hall be intended to be lawfully
$nd well done : And as Mr. Stamford's Opinion \i
in this Cafe, fo it appears in the Book called The
G 2 Regiferi
■X"
^6 The Tarllameutary Histort
/la. 4. Charles l.i^^^/^^r, which is the Book of our Writs, which
ife^» are the Foundattion of all our Proceedings at Law i
where, in the Writ oi Hontine repUgiando^ it is re-
cited, that there are fome Per fons, yfYiiohJecundum
Confuetudinem Anglia non funt repUgiabiUi* And,
in one of thofe Writs, it is exprefsly mentioned
thus; Ktfi captus fit per fpeciali ¥ractpiU7nnoJirum^
vel Capitalis Juftitiarii ncjlri, ^r. And Mr, Juf-
tice Fitzherbert^ a great and a learned Judge, in
his Natura Brevium^ (which is as a Commen-'
tary upon the Regifter,) holdeth the fame Opini-
on.
. * I {hall next to this remember unto you the Re-
cord of the 21. Edward I. in Pari. Rot, 2. which
is, that of the Sheriflf oi Leicejier TiVid Warwick^
where it is twice recited, ^od nutlamfaceret Gra-
Aiam^ meaning, ip his letting to Plevin : So that
it appears by that, and by all our Records, that
letting to Bail in all Cafes, not exprefsly direilcd
by fome Statute, is, ex Gratia Curia -^ and if^^
V Gratia^ then it \% not ex Debito 5 for they are Con-
'tradidtions. 'And that is contrary to the Tenet of
the Commons : For they put a Neceflity upon the
Judges, that they wf{/? deliver or bail.
* Next to this is the Opinion oi Newton^ in 22.
Henry VI. FoL 52. which is but a fingle Opinion,
and that but obfcure and dark: For he faith. That,
a Man, committed by the Command of the King,
is irrepleviable by the Sheriff: And this is the Scope
and Intention of that Book : But fOme other Words
follow, whereof hold is taken, .That the Friends of
the Party may refort to the Juftices, and pray a 5«-
perfedeai. How this is meant, and by wh^t Means
it can be done, and what Superfedeas is intended,
is fo obfcure by that Book 5 that it will make very
little to the prefent'Purpofe.
* Next is the Book of 39. Henry VI. FoL 28.
the Cafe of Robert Poynings : Where there is a Kt*
turn imdcy Thzz captus oT detentusfuit per Dami'
fjos or per duos (take it either Way) de Confi/io Re^
giSi pro Rjbus Re^em tangentibus. This Book is
aa
Of E N G L A N D. ^7
Authority in this Point, for the King: For the An. 4. Charles i.
Return is accepted of, and allowed to be good. *^*^
But I confefs ingenuoully, I do not much rely up-
on this Book neither, on this Side ; becaufe the
Matter is not debated at all there ; but pafTeth by
Way of Admittance.
* The next is the Refolutbn of all the Judges, ^
in 34. Eliz. Here Mr. Attorney read the latter
Part of it, which concerneth this general Queftion ;
all the former Parts being of Commitments, made
by particular Counfellors, to the Prejudice of parti-
cular Perfons in their Suits; and many Times in
their Executions after Judgments; But, in this lat- '
ter Part, asappeareth by the Words, it doth agree.
That the Courts of Juftice ought not to deliver,
or bail, where the Commitment is by the Com*
mand of thcL King or his Council. And touching
the Return of the Caufe, upon an Habeas Corpus^
they agree it ought to be either generally, or fpeci-
ally, cxprefled : If then a general Expreflion be e-
nough, it is agreeing with the general Return of
Per Mandatum Domini Regis: And, if it muft be
fpecial, it muft be fo fpecial as that all the Cir- ,
cumftances muft be made, to appear to the Court, .
that they may be able to judge thereof. There-
fore, that Refolution of all the Judges is, in my
Undcrftanding, very plain and clear in this Point j /
but I fubmit it to your Lordfhips Judgments.
• Next is the Opinion of the Judges, in 13.
yac. in the King's Bencb^ upon the Debate oiRuJ^
/eh Cafe : And here, by the Way, I muft be bold
to obferve thus much unto your Lordftiips, that,
altho' this be the Report of a private Student and
not in Print ; yet it is fuch, and of that Nature,
as all other Reports are, (^being faithfully collefted)
whereupon we, who are Profeflbrs of the Law,
do ground Opinions: And wherein Judges of
fticcecding Times do ground themfelves, iipon the
Opinions of their worthy Predeceflbrs: And fuch
Reports, whether in Paper or in Print, areof equal
Auihority with us. For ihefe which are printed,
hy the Labours of ihofc worthy Men, who have
. . C 3 ti^l^^i^
w
.38 The "Parliamentary History
Aii.4.Chiri(il,Takcn Pains therein, were firftcollefled out of fuch
i6it. Reports in Paper. The Words of this Report I
{hall read to your Lordfliips throughly, becaujis they
confirm many Paflagcs in thefc Conferences.
' The Words are ibefe : Ceie, Croekt, Doddt'
ridge, and Haughioa, Juftices, did hold, That i
Return that one iscommlUed Ptr Mandatumpri'
vaiiConfilii Demsni Regis t was good enough, with-
out reluming any Caufe : For it is not fit that the
jfrcana Imperii {iiou]d be difclofcd; And as to the
Cafe of Harcourt, in 40. Eliz. (a Cafe remeni»
bered amongft (he Precedents cited before) where,
in the Time of Papham, Chief Juftiee, one was
committed to the Tower for High Treafon, and
► was bailed upon an Habeta Corpui feiit for him:
I This was by a fpeciai Command of the Q^ieen, oc
I of the Privy-Council, and not otherwife: And of
I later Time,' when one was coraniiited to Prilbn
I for the Powder Plot, he was bailed by ihem upon
an Habeas Corpus: But this was by Letters of the
I Ptivy- Council ; which gave Warrant fo 10 do:
► Which Letters are filed in the Crown-Office,
t My Lords, thefe are the Letters which concerned
£eetiviih and Reyner ; and which have been read
already to your Lordthips.
• In 34.. E/iz. it was refolved by all the Judges
of England, That the Caufe of the Commiimenr
fhould not be reiuined ; and therefore, where Sir S*?
muel Salienjfall was returned to be committed Per
Manddtum privali Ca/ifi/ii Domini Regis, the Courif
1 would not meddle with him i But held the Return
^^^1 fufiicient enough. And Sir Edward Csh, being
^^H then Chief Juitice of that Court, laid, That if the
^^^P Privy-Council commit one to Piifon, he is not
^^H^ bailable by any Court in England: For where ih«
■ Statute of Wtflminjier \. faiih. That he, which is
ccmmiiied to Prifon by the Commandment of the,
^ King, cannot be let to Mainprize ; Stamfard makes
this Inreipretaiion, Th:it by the King is welt in-
tended his Privy-Council, who are the reprefcnra-
live Body of ibe King. And thai Sir Edivard Coke.
jdded. He knew a Eili p'Jt in by Mr. Mcrice, A\-
:■ "" torneji
^ 0/ E N G L A N D. jp
forney of the Court of Wards, into Parliament ;**4'Cl
by which it was defired thai the Statute oi Magna
Chiirta, Chap. zg. might be explained.
* My Lords, by ihe Words of this Cafe thus re-
ported, and by the Opinion of ihofe reverend Judges,
you fee how many Things before cited have Autho-
rity and Life given unto them ; not only in the
main Point in the Queftioo, but in the Reafm ~
thereof- Your Lordfhips fee the true Reafon of ",
Haniurl's Cafe, and of Beciwitb's and Reyrier'9
Cafe; the irue Meaning of ibe Refolution of 34.
£A*z. by all the Judges; (which is now endeavoured •
to be turned into another Senfe) alfo thcExporuioa
of the Statute oi WtftmifiJ}er i. and the Interprc- -
tation of Scamfard likewife thereupon ; and, laltly,
that a Bill was preferred in Parliament to explaitl
the Statute of Magna Charta : And 1 wi(h»
with all my Heart, that, by the Wifdom of both ,
the Houfes, a fitting Bill might be preferred t«
compofe and to fettle, well and equally, thisgreat
Queftion.
* Next I come to the Opinion delivered in the
Parliament Houfe, in 18. jai. whereof I made
Ibme mention before; and now am put in Mind
of it again by an Occafioii offered, Yefterday, by
one of my Lords in mentioning of it : It was the
Words of the reverend and learned Gentleman Sit
Edward Coke ; upon whofe Opinion I have much
grounded myfelf. It was upon Occafion of a Bill,
then preferred in Parliament, entitled. An AS
for the better ficuring the Subjeiffrom wrsngful Im-
trifianunt, anirary ta Magna Charta, Cbap, Zt).
This Bill came to a fecond Reading in the Houie, . I
May ^. 19. Jac. I being then a Member of that
Houfe. Upon this Occalion Sir ^iifdri/Cfll* ftoorf
up, and raid thus; (Ihavea Mole e/ the very ff^ards ;)
.* There are di^rs Matters of State, which are not
to be compreheiided in the Warrant ; for fo they
may be difclofed. One committed by Ihe Body
of the Council is not bailable by Law. Rcfolvcd lo .
by all the Jjdges ml fray's Time, (thai, my Lorilg,
; KefoIiit'On of 54. E!iz. when If-Uy '
Chief
I
40 Vis'Parliatjtentary History \
*o.4.Ch»r]«l. Chief Jiiftice,) upon the Commitment of ihe King'
or the Body of the Council; For this is quite out
of the Statute of Megno Charta.'
* My Lords, that it may appear it was not a
fudden Opinion,^ this being the 5ih of May ; on
the 18th of the fame Month this Bill was again of-
ferrcd to the Houfe to be committed; and then
Sir Edward Coke fpakc to it again, and faid, ' That
in 33. Henry VI. upon an Haieas Csrpus, where
a Party was imprifoned by two Privy CoUnfellors,
pro rsl/Ui Regim tangentibui j that being the Return
it was allowed :' ('i\i!s, my Lords was Pejfning'a
Csfe before cited) And he faid further, * That it
was fo held in Qycen El7:abe(h'i Time, by thg'
Judges, where the Commitment Is by the Ptivy-
fcouncil; and he thought this fo reafonablc, thai
he moved for the Bill 10 be recommitted ; and ia
it was, or, rather, it was committed perpetually i
for no more was done upon that Bill.'
' My Lords, I have now done with thofe Opi-
nions and Rcfolutions ; faving that I muft crave
your Patience thus far, to put you in Mind of the
many Precedents your Lordthips have, heard : For
every one of them is alfo a Refolution of thofe
Judges, which gave the Rule in ihefc feverai Cafes.
' My Lords, I come now 10 the laft Part,
which are the Reafons that have been offered on
either Side ; wherein I (hall not trouble your Lord-
fliips long. The Reafons delivered on the other
Part have been many, colledled and applied with
a great deal of Art and Judgment. It is not my
Purpofe 10 anfwer every one of them, particular-
ly i but I fliali number them as 1 can ciU them ttj
Mind ; and fum them up iog:eiher; and then give
them an Anfwer: And fo come to fucb as I ibatl
humbly offer on the other Side.
' It hath been faid by that learned and worthy
Gentleman, who delivered thofe Reafons j
I. ' That if the King might thus commit, with-
out Caufe, the free Subjeits were in the Cale of
Villains.
, .8. * Na/ ia wo(:fe Cad; tfeap ViUainSf
3. *Tl^t
Of ENGL AN I>. 41
)• * That Imprifonment is counted a civil Death; An. 4. cbaiwi.
and therefore a Man imprifoned is as a dead Man. <6^
4. ' That the leaft corporal Puniihment is greater ,
than the greateft pecuniary : therefore, if the
King cannot infill the lefs, as the alTeffing of a
Fine, he Cannot do the greater, which is the im*
prifoning of the Body.
5. * That there are Diverfities of Remedies a-
gainft Imprifonmeni, therefore fome Remedy moft
be applied for this. ^
6. ' That this extend^ to all Perfons, of all De^
grees, of all Qualities : Therefore it is commune Pi*
rUuhm,
7. ^ That it is indefinite for Time ; and fo may
be a perpetual Imprifonment.
* Arguments were drawn a Fif^y ab Honejti^
ab Utili^ a Tut^.
* And, laftly, two Authorities were remcia-»
bered by hirt.
' All thefe Reafons I fliall, with your Favour,
reduce to one general Head : The Liberty of th$
free Subje^ of this Kingdom ; which is of great Ef- *
teem, and is the Inheritance of the Subjedt. I acr
knowledge it to be very true that which hath been
. iaid thereupon : And I am alfo of this Mind, That
be is not worthy to enjoy his Liberty, who would
not) by all juft Means, endeavour to preferve ami
maintain it.
^ I know it is a plaufible Argument ; but I (hail
humbly defire to lay in the other Scale thefe Rea-
fons, which I (hall offer unto you on the other
$ide, why perfonal Liberty, in fuch Sort as is de-
fired by the Refolutions of the Commons, cannot
poffibly be allowed of in that Latitude therein fet
down : But, Before I come to thefe Reafons, Khali
crave Leave to remember unto you the Cafe of
3 J. Henry VIL in Parliament, and the other two
Authorities, which were cited by this Reverend
and learned Gentleman.
* And, my Lords, as an Inference was drawn
^ th^ Qthe^ Side} out of the Record, of a Peti-
tion
HP 4 1 Tfje Tafl'tammtary H f s T o r t
*ifc-4.«nrJ«l,tion in Parliament, 36. fJiciirrf III, M p. wher«
*^'^ the Petition is in French, that the Commons pray.
That (he Statute of Magna Churta, and the other
1^^^ Statutes, might be duly obferved, Sens Dijiurbance
j^^H' mellre, cu Arrijl faire al cmlrt: Thefe Wordj
^^pi- have been expounded to extend 10 perfonal Arreft
^^f' of theSubjeft: But Icorceive the Scnfe of thefe
Words cannot bear ihat Expofition ; for the true
underllanding of them muft needs be thus, That
Magna Charia, and the other Statutes, be put in
I due Execution, without any Diflurbance er Dtlay
wade, Br Hindiranct to the conlrary. And to thefe
the King made a full Aniwer, ' That it fhould be
done as was defited.' And I (ha!I willingly fub-
fcribe thereto. For the Truth of this Expofition I
fubmit myfelf to the Judgments of my Lords, who
are much belter able to judge of the true Meaning
of the Frtnth Words than I am.
' It has been urged, That in the 2S. Henry VI.
N. 16. The Commons in Parliament deiired tha,t
the Duke of Suffoli might be committed; the
Lords and Judges anfwered, he ought not to be
committed without a Caufe fhewed. My Lords,
I acknowledge this to be a very juft Refolution ;
but give me Leave, I pray you, to obferve, by the
Way, that here the Commons in Parliament pre-
ferred a Requeft to the Lords ; which, upon belter
(Examination of the Juftnefs of it, was denied by
the Lords {being aflifled by the Judges) to be yield-
ed unto. And for the Refolution itidf, it was very
juft and honourable : For it were not realbnibie
for a Court of Juftice, efpecially fo high and fo
great a Court as the Court of Parliament, to com-*
mit any to Prifon without a juft Caufe. But, my
Lords, whether this can be fitly applied to the Cafo
of the King, 01 the Lords of tiie Council, who
commit for fome great Caufe, in reafon of State,
untill a due Examination may be had of the Caufe,
I humbly fubmit to your Judgments.
' Another Argument was out of ihc Afls of
;he Apoftles, Chop. 25, the Ult Vcrlcj where
0/ ENGXANa 43
Fiflm being* then Viceroy, or Deputy to the Em- AA,^i^ik$ L
peror, and having a Purpofe to fend Paul unto **••
Cafavj faid, * He thought it utireafonable to fend
him, and not to fend with him the Caufe of his
Commitment.' My Lords, I acknowledge it to
be a very difcreet Refolution of Fejiui ; who, al*
tho' he was a meer moral Man, yet he held a wife
and difcreet Pofition ; not to fend a Prifoner to O^
j&r, his Superior, to whom he was to give an Ac-
count, and not to fend with him the Caufe for
which he fhould be tried, and of which he was
accufcd. But, my Lords, whether this do prove
any Thing in our Cafe in Queftion, I humbly refep
to your Judgments ; where not the Inferior to his
Superior, but the Superior to his Inferior fends the
Prifoner, to whom he is not bound to give that Ac-
count.
* And now, my Lords, I come to the Reafonsi
which I (hall humbly offer on the other Side, a-
gainft this Tenet of the Houfe of Commons, ii^
fuch Manner as it is laid down i wherein I muft
firft crave Leave to lay before you what Conclu-*
lions do, neceflarily, follow out of this Propofitba
of the Commons.
1. * If the Caufe of the Commitment muft \^
laid downi then neceflarily it muft be affirmed;
that this muft be the true Caufe, and not a falf^
or feign'd Caufe : For that were worfe than to ex*
prefs no Caufe at all.
2. * It muft be exprefled at the Time of the
making of the Warrant for the Commitment 3
which is inftantly and prefently; and from thi|
there muft be no varying.
:3.> It muft. be exprefled fo fully, as that the '
Court muft be able to judge of it from itfelf ; iajt
if it be an uncertain Caufe, or fet down fo lamely
as not to give full Satisfadion to the Court, it is
as bad as none at all.
Lajily^ 'It muft be a legal Caufe: Such a on^
as, by the fundamental Rules of the Law, the
Judges muft judge it a good Caufe of Commitr
.^^t 0/ Decainerji or elfe they rriuft prefcntly dif-
cl^arg^
T
44 7be Parliamentary Hi stort
*o. 4. Charles J. charge or bail. Then, upon ihefe Premifes, dolh
i5i8. this Conciufion naturally follow, That in 110 Cafe
whailbever, may any Man becommiited or retrain-
ed for any Thing, never fo much concerning the
State ; but that forthwith the Keeper of :iie Prifon
' ' muft be acquainted with the Caufe fo fully, as that
he may, truly and wiiliout Variation, inform ihe
Court thereof, when it ftiall be required; and
Ihat Caufe muft hold ihe ftritteft Examination and
Trial of ihe Law : Which, if it (hould be admit-
1 ted, your Lordftiips fliall fee what infinite Peril it
I might bring, not only to the Perlons of private
I Men, (which are not lo be neglefled) but 10 the
whole State ; the very Fabrick and Frame of Go-
vernment under which we live.
' But it hath been objeited. That if the King, or
the Council, may commit wiihout fhewing Caufe,
it would be infinitely full of Mifchief .- For as the
King may commit one, fo he may commit any, or
many: Ashe may commit for a juft Caufe j fp
he may commit without a Caufe : As he may
commit for a Time; fo he maycomtnlt loa perpc-
. tual Imprifonment. To this I anfwer. That it
cannot be imagined of the King, ihathe will at any
Time, or in any Cafe, do Injuftice to his Subjeilis,
It is a Maxim in our Law, I'iiat the King mn da
M Wrong: Therefore the King can give no Land
bx, Difieifin, as in i. Edward V, Fal. 8. He can
give no Advowfon by Ul'urpAtion, as in 32. H*n-
ry VIU. FoL 48. And this is fo far from being a
Defeit or Impoiency in the King, that it is held
for a Point of his Prerogative ; as it is laid in the
Lord Bsriley^s Cafe, in Mr. Phwdenh Commen-
taries. The Reafon is, as the King is fupreme Go-
vernor of his People, ioheh Pater Patria -y there-
fore he cannot want the Affsftion of a Father to-
wards his Children.
' Now, my Lords, I (hall inftance, in fome
Cafes of Importance, wherein, for a Time, one
may and mult be imprifoned, and yet the Cauie
of it nor prtfenily rendered ; as in the Days cf
Queea Elizabtth, which many of the Lords can-
Of EN GLAND. 4s
not but call to mind. There was a great Confpi- Ao.4.ciurlttI.
racy againft the Perfon of the Queen : Some were *^«^
laid hold on, committed, and imprifoned ; but they
could not be proceeded againft : Nor was it fafe to
reveal it, untill one Owen^ a Pricft, living then xt
Bfvffels^ could be caught. This required a long
Time (above a Year) to bring it to pafs j at laft,
by 2L Wile, he was laid hold upon, and brought
over. Now, if fo much as the general Caule had
been publiflied, it would have been more difficult
to have gotten Owen ; and, happly, without him,
the Plot could not have been difcovered. Would
any Man have thought fit that, in this Cafe, the
others Ihould, in the mean Time, have been fet at
Liberty ? I appeal to the Judgment of my Lords,
whether there be not a Neceffity in the Affairs of
State, fometimes to give forth one Thing for a
Pretence to fecrete the true Intension of the A<5lion*
* I fhall give you another Inftance in the Trou*
ties of Ir^hnd. O Donnelly the Arch- Rebel wai
jDain ; his Sons, being then Infants, were brought
over into England^ and committed to the T^wer^
and lived therein all their Lives after. Admit thefc ^
were brought to the King's Bench by Habeas Cor*
pus^ and the Caufe returned, what Caufe can thert
be which could hold jn Law ? They themfelvcs
neither had done, nor could do any Offence : Thaf
were brought dver in their Infancy. True ; but
their Father was an Arch-Traitor. Is this a legal
jCaufe of detaining the Son in Prifon ? Yet, would
any Man believe that it were fafe, that it were fit^
to deliver thofe Perfons f Yet this general TencSt
jgdmits of no Exception.
* Infinite other Examples might be given. How
often do we fee the State interpofe in ordering the
Qovemment of Trades, of Companies, of private
Corporations ; and with very good Succefs : For
■ibe Peace of tbefe petty Governments doth preferve
the Peace and Quiet of the great Frame ; and the
Common Law can give no Rule in thefe Things.
* Upon this. Occafion I have looked into fora©
AcUof Sta^ft in Queen Elizabeth'^ Time j which
.1
46 TheTurliamentary HtsTokr
A11.4 Owkil.I (hall be bold to offer to your Lordfliips Judgt
•'**■ menis. In ihe Times of Dearth, left the Poor
fhould ftarve and perifh, the Farmer was com-
manded lo bring forth his Corn to ferve the Mar-
ket, to fell at a reafonable Price : Is there any Law
to order or compel this ? Yet, is not this fit to be
done? In Queen Elizabeth's Time, before an/
Law was made agalnft 'Jfptin or Seminary Priefls ;
before any Law was made for confining of Pspljh
Recufanti ; the one Sort were imprifoned, the other
confin'd, in Times of Danger, by the Adls of the
State only : And would it have been fit to have de-
livered, or bailed, thcfe upon a Habeai Corpus F
* But the true Aniwer for thele. and the like
Cafes, is. That it is not contrary to ihe Laws:
For 33 God hath truiled the King with governing
the whole ; fo hath he therefore trufted him with
ordering of the Paris : And there are many CafeSj
of infinite Importance to the Subjedt, and of un-
doubted Truft, repofed in the King j wherein, not-
withihnding, it was never queftioned by a Eubjeft
of the King, why he did thus and thus. It may
be urged, It the King is tnifted with the Coins and
Monies of the Kingdom, he niay^^h-'s own ab-
folute Power, abale or inhance tbem ; he may turn
our Gold or Silver Money into Brafs, or bafe Mo-
ney, and, in one inftant, undo his People therdiy,
If he is to be irufted, he may make Wars ;
he may conclude Peace or Leagues ; and thefe may
be fatal to the whole Kingdom ; to the Liberty
and to the Lives of his Subjefts. The Anfwer is,
He will not do this to the Hurt of his People
Again, it may be faiJ, He hjth Power to pardon
Traitors and Felons ; the good People of the Laijd
I may fuffer by too great an Extent of Mercy ; and
the, Good may be devoured of the Bad. No, ihc
King will not do Hurt to his People thereby.
The King hath Power, without Number or Li-
mitaiion, to make Strangers to be Denizens: It
may be (aid that this lets in a flood of Strangers to
eat up the Bread of natural-born Subjeds: Bat
this /cceives the fjiine Anfwer, The King will not
biealfc
0/ E N G L A N D. 47 ^
treak the Truft committed td him by God. An. 4, cinritu*
But my LordS) do 1, by this, fay or mninrain, that U»&.
a King hath Liberty to do what he lifts ? No, God
forbid : He is fet over bis People for their Good ;
and if he do tranfgtefs and do unjuftly, there is a
greater than he, the King of Kings ; rejpundet Su-
periori. And as Braiien, an old Writer of the
Law, faid. Satis el Ji'fficit ad Pcenam, quad D9-
minum ixpeiiat uilorem.
' 1 beg Leave to conclude with obferving, that
thefe Gentlemen of the Houfe of Commons have
done like true EngUJhmia, to maintain their Liber-
ties by all The good and fit Means ihey may ; and
myfelf, as one of the Number, Ihall defire it lite-
wife: But I fear alfo they have done like jtght En-
glijhmen ; that is, as we ufualiy fay in our Proverb,
they have averdent it: They have made their Pro-
pofition fo unlimited, and fo large, tliat it cannot
poflibly (tand; and it is incompatible wiih that
Form of Government, which is Monaichy, undcJ
which we happily live.'
Sergeant AJInty. ' My Lords, I hope it will nei-
ther be offenfivc nor ledious to your Lordfliips, if
I fay fomewhat to fecond Mr. Auorney ; which I
rather defire, becaufe Yeiterday it was taken by the
Gentlemen that argued on the Behalf of ihe Com-
mons, That the Caufe was as good as gatn'd by
ihem, and yielded by us, in that we acknowledged
the Statute 0/ Magna Charta, and the other fub-
fequent Statutes to he yet in Force : For from this
they inferred this general Cooclufion, That there-
fore no Man could be committed, or imprifoned,
but by ducPrccefs, Prefeniment, or Indiilment j
which, we fay, is a ISan fiqu tur upon fuch our Ac-
knowledgment : For then it would follow, by ne-
ceiTary Confequence, That no Imprilijnmeni could
be juftifiable but by Procefs of Law ; which we
mtetly deny : Fur in the Cafe of a Conflable, cited
by Mr. Attorney, it is moft clear ih.it, by the an-
licnt Law of ihe Land, a Conftable mi^ht, ex Of-
4S 7he'Parliamentary1i\%'T0Kr '
Aii.4.ChiiiMi./n«, wilhout other Warrant, arreft and reftraln a
'*"*■ Man to prevent an Affiay, or in ihe Time of an
Affray to fupprefs it; and fo is the Authority in
57. Henry VIII. Break's Abr, So may he, after the
Affray, apprehend and commit 10 Prifon the Per-
fon that haih wounded a Man, that is in Peril of
Death, and that without Warrant or Proccfs ; as
it is in 38. EdwardlW. Fol. 6. Alfo any Man, that
is no Officer, may apprehenda Felon without War-
rant or Writ ; and purfue him as a Wolf, a com-
mon Enemy to the Common- Wealth, as the Best
is 14. Henry VIII, Fol. 16. So may any Man ar-
reit a Night-walker ; becaufe it is for the common
Profit, as the Reafon is given, 4. Henry'WW. Fd. (8.
and fo may a Watchman, 4. HtntyVll. Fol. 2.
In like Manner the Judges, in iheir feveral Courts,
Inay commit a Man, either for Contempts or Mif-
demeaoors, without any other Procefs or War-
rant, than 'take him Sheriff', or 7ake him Marjhalt
br Warden of the Fleet: And the Adverfary will
not deny but, if the King will alledge a Caufe, hs
may commit a Man only by his Mundatum, as iha
Judges do, wilhout other Procefs or Warrant.
And various are the Cafes that may be inftanced,
where ihere may be lawful Commiiment without
Procefs; And therefore the Words in the Statu tCj
per Legem Terra, cannot be reftrained to fo narrow
Bounds as to Imprifonmen: by Procefs : Wherefore
- 1 do pofitively, and with Confiiiencc affirm. That ,
if the Imprifonment be lawful, let it be by Procefsj ,
or without Procefs, it is not prohibited by this Law.
' This being granted, then the Qiiellion will apt-
ly be made. Whether the King or Council may
commit to Prifon per Legem Terns? And, if they"
may, Whether of Neccfliiy they are obliged to de-
clare a Caufe I To clear this, we muft confider
what is Lex Terra; which is not fo ftriflly to be
taken as if Lex Terns were only that Part of the
Municipal Law of this Realm, which we call Com-
mon Law ; for there are divers other Jurifdiiflionj
cxercifed in this Kingdom, which ate alfo to be
leclcbned in the Law of the Land.
Of E N G L A N D. 45)
^ In Cawdrefs Cafe, In Lord Chief Juftice Coie^$ An. 4. charici r.
5ih Report, Pol. i. the Ecclefiaftical Law is held '^»^*
thjs Law of the Land to puniHi Blafphemies, Apo-
flacies, Herefies, Schifms, Simony, Inceft, and the
like, for a good Reafon there rendered, viz. That
otherwife the King fliould not have Power to do
Juftice to Subjed:s in all Cafes, npr to punifh all
Crimes within his Kingdom.
* The Adrpir^lty's Jurifdidion is alfo Lex Tirra^
fpr Things done ppon the Sea ; but, if they exceed
this Jurifdidion, a Prohibition is awarded upon this
Statute of nuUus Liber Homo \ by which it appears
the Statute is in jForce^ as we have acknowledged.
* The M^|rt|ai Law, likewife, tho' not to be ex-
ercifcd in Tidies of Peace, when Recourfe may be
bad to the King's Courts .j yet, in Time of Inva-
fioii, or other Times of Hoftility, when an Army
Royal is in tjie Field, and Offences are committed
which reqijire fpeedy Refolution, and cannot expedt
the Solemnities of legal Trials, then luch Impri-
fonment. Execution, or other Juflice done by the
Law Martial, is warrantable 5 for it is then the
Law of the Land, and is Jm Gentium ; which
ever ferves for 9 Supply in Defedl of the Commod
Law, when ordinary Proceedings cannot be had.
* And fo ir is alfo in the Cafe of the Law- Mer-
chant, which is mentioned 13. Edw, IV. FoL 9. ^ci
where a Merchant- Stranger was wronged in His
Goods, which he had committed to a Carrier to
convey to Southampton^ and the Carrier embezzled
fome of the Goods ; for Remedy wherein the Mer-
chant fued in the Star-Chamber for Redrefs. It is
there faid. That Merchant- Strangers hare the
King's fafe Conduft for coming into this Realm ;
therefore they (hall not be compelled to attend the
ordinary Trial of the Common Law ; but, for Ex-'
pedi'tiony fcall fue before the King's Council or in
Chancery, de Die in Diem^ tf de Hora in Horam ;
where the Caufe (hall be determined by the Law
of Nations.
* In like Manner it is in the Law of the State ;
when the Neceffiiy of the State requires it, they
Vol. VIIL . D . . do.
^o TheTarltaffientaryVLtsrotiY
Aa.+.Chiileil,do. and may proceed according to natural Equity*
i6j8. as in thofe other Cafes ■. Becaufe iti Cafes, where
the Law of ihe Land provides not, there the Pro-
ceedings may be hy the Law of natural Equity :
And infinite aie the Occorrents of State unto
which the Common Law extends not ; and if thofe
Proceedings of State fhoold not ajfo be accounted
the Law of the Land, then do we fall into the fame
Inconvenicncy mentioned in Cawdreyh Cafe, That
Ihe King (hould not be able to do Juftice in ail
Cafes within his own Dominions.
' If then the King, or h]S Council, may not
commit, it muft needs follow, that either the King
mull have no Council of State; or, having fuch a
Council, they muft have no Power to make Or-
ders or Afls of State-. And, in this Cafe, they
muft be wiihout Means to compel Obedience to
thofe Afls: And fo we flial! allow them Jurif-
diiSlion, but not Coercion ; which will then be as
fruiilefs as the Philofopher's Fruflra Potenlia^ qucs .
rtu/i^uam redudtur in ASium. Whereas the very
Aft of IVeJlminjier i. (hews plainly that the King
may commit, and that his Commitment is lawful \
or elfe that Aft would never have declared a Man
to be irrepleviable, when he is committed by the .
Comnund of the King, if ihc Law-malicrs had
conceived that his Commitment had been un-'
lawf'jl.
' And Divine Truth informs us. That Kingg
have their Power from God, and are reprefenta-
tivc Gods; the Plalmid: calling them ihe Children
tf ihe Mojl High ; which is in a more efpecial Manner
underftood of Kings than of other Men : For all
the Sons of Jdam are, by Creation, the Children of
God 5 and all the Sons of Abraham arc, by Re-
creation, or Regeneration, the Children of the
Moft High : But it is faid of Kings, they are the
Children of the Moft High, in refpett of the Power
that is committed unto them. Who hath alfo fur-
nifhed them with Ornaments and Arms fit for the
eJKrtiling of [hat Power, and given them Scepters,
Sworda
i
Of EN GLAND. 51
Swords, and Crowns; Scepters to inftitute, andAn.4-ChirleiL
Swords to execute Laws, and Crowns as Enfigns ' ^*'
of that Power and Dignity with Which they are in-
vefted. Shall we then conceive that our King hath ,
fo far tranfmitted the Power of his Sword to infe-
rior Magiltrates, that he hath not referved fo riiuch
fupreme Power as to commit an Offender to Pri-
fon P ^
* In 10. Hen. VI. Fol 7. it appears, That a
Steward of a Court Leet may commit a Man to
Prifon: And fliall not the King, from whom all
ittferior Power is derived, have Power to commit ?
We call him the Fountain of Juftice ; yet when
thofe Streams and Rivulets which flow from that
Fountain are fre(h and- full, fhould we fo far ex-
hauft that Fountain as to leave it dry ? But they
that will admit him fo much Power as to com-
mit, do require an Exprefling of the Caufe ! I de-
mand then, whether they will have a General Caufe
alkdg'd, or a Special? If a General, as they have
inftanced, forTreafon, Felony, or a Contempt? —
But (to leave Fencing, and to fpeak plainly, as they
intend it) if a Loan of Money (hould be required
and refufed, and thereupon a Commitment enfue,
and the Caufe is iignified to be for a Contempt j
this being equally far from yielding the Remedy
fought for : Why then, truly, in the next Parlia-
ment, there would be required an Exprefling of
the particular Caufe of Commitment ! And how
unfit it would be for a King and Council, in all
Cafes, to exprefs the particular Caufe, is eafy to
be judged j when there is no State or Policy of
Government, whether it be Monarchial, or of
any other Frame, which hath not fome Secrets of
State, not communicable to every vulgar Under-
ftanding. I will inft:ahce but one : If a King em-
ploy an Ambaflador to a Foreign Country or Stare,
^ith Inftruftions for his Negotiation, and he pur-
fues not his Inftruftions ; whereby Difhonour or
Damage may enfue to the Kingdom, is not this
Caufe of Commitment? And yet the particular
D 2 In-
ji TheTarl'iiimentary History "
A«.4.CkMbti,Inftru£liona, and the Manner of his Mifcarriagei
*'*'• is not fit to be declared in the Wairant '.o the
Keeper, nor by him to be rertificd to the Judges,
where it is to be opened and debated in the Prefencc
^K of a great Audience.
H ' 1 therefore conclude, that for Offenceaagainft
■ the State, in Cafes of State- Government, the King
or his Council hath lawful Power to punifli by Im-
prifonmentt without (hewing particular Caufe ;
where it may lend to the difclofing of the Secrets
o/Stale-Government.
' It is well known to many, how much I have
liboured in this Law of theSubjedls Liberty, very
many Years before I was in the King's Service, and
had no Caufe then to fpeak, but only examine }
yet did I then maintain and publifh the fameOpinion
which now I have declared, concerning the King's
fupreme Power, in Matters of State ; and there-
fore I cannot juftly be cenfured for fpeating it at
this prefcnt, only to merit of my Mailer : Bur, if
I may freely fpeak mine own Underftanding, I
conceive it to be a Q;.ieftion loo high to be deter-
mined by any legal Decifion ; for it mult needs be
z hard Cafe of Contention, when the Conqueror
muft il't down with irreparable Lofs, as in this
Cafe : For, if the Subjedl prevail for Liberty, he
lofes the Benefit of that State- Government, with-
out which a Monarchy may foon become ao
Anarchy : Or, if the State prevail, it gains abfo-
lute Sovereignty, yet lofes the Subjefls, not their
Subjc^ion; for Obedience we mull yield, tho'
nothing be left us but Prayers and Tears ; but it
lofes the beft Part of them, which is their Affec-
tions, whereby Sovereignty is eftablifhed, and the
Crown firmly fixed on his Royal Head. Between
two fuch Extremes there is no Way to moderate,
hut to find a Medium for Accommodation of the
Difference, which is not for me to prefcribe ; but
humbly lo move your Lotdlhips, to whom I fub-
mit \U
Mr.
Of E NG LAND. 53
.Mr. Sergeant i^^j' having ended his Speech,Aii.4.chtrfcsf,
the Lord Prcfident (I) faid to the Gentlemen of '^**-
the Commons Houfe, * Xhat though, at this free
Conference, Liberty was given, by the Lords, to
the King's Counfel to fpeak what they thought fit
for his Majefty's Service : Yet Mr. Sergeant AJbley
had no Authority or Direction from them^ to
ipeak'in that Manner he bath now done/
37;^ Lord Bijhop ef Lincoln'; Report ef tbi
fifth and lajl Part of the Conference.
THE Anfwers, which the Commons made to
the Arguments of Mr. Attorney and Mr.
Sergeant Afhley^ were to the following Effeft.
Mr. Littleton began and faid, * This was a great
Caufej and peradventure the greateft that ever
was in Chrijiendom: Nothing like fo proper to a
private Court, as to the Court of Parliament.
That they brought with them fufficient Authority
to juftify what is faid already : But if any new Mat-
ter was offered, as he conceived fome Part of Mr.
Sergeant's to be, he brought no more than Ears to
hear it ; but )ret had a Tongue to anfwer Objedi-
ons to any Point urged in this Debate; and fuch as
was the proper Subjeft of the prefent Difcourfe.
* And here he entered a Proteftationr in the
Name of the Houfe of Commons, that their In-
tent was not to call in Queftion the Power of the
King, as well to commit as to bail, but to regu-
late it: And for the Method of Proceeding he faid.
That becaufe they were oppofed fo iuddenly, they
would colleft the Heads of the Oppofition, accord-
ing to Law, and reply unto them. He faid. They
themfclves were Gentlemen of the Law, the un-
worthieft of the Houfe of Commons, and not the
moft eminent of their Calling ; but yet they would
clearly maintain the Refolutions of their Houfe.
For that this Controverfy, which remains as yet
D 3 in
(I) This noble Lord, when a Member of the Commons, io
the Keign of Queen Elituibeth, made a very remarkable Speech i^
l>ehiUf oftbc^SubjeftsPrcperty, See Vol, IV, p. 448.
54 21&^ Parliamentary Histort
Ail 4. Charles 1. in the Nature of a Difputalion in^his Houfe, Is
J62S. already grown and improved as a full Refolution in
the oiherw
* That Mr. Attorney began.with Magna Charta^
the Subjedt of this Oifpwtation ; that is, fome ge-
neral Words in the fame not rightly interpreted ;
and, in particular, what this L^^,T>rr^ means:
That Mr. Attorney affented, That this Statute
concerned the King as well as the Subjeft; yea,
the Ring principally : But he doth not underftand
by this Lex Terra^ the fame which the Commons
do, but a general Law. .You, faid he, will have
no Man arretted bi|t by Writ original. We never
faid fo, replied Mr. Littleton ; we never reftrained
the Procefs of the Law to Writs original 5 but by
the Words Procefs of tjpe Lav^^ we underftand the.
whole Proceedings of the l^awj artd (q take in.
the Conftables, anc) all thofe inferiour Minifters
of Juftice, whq, notwithftanding, are never u-
fed without a Caufe; as the Conftable executes
his Office whep any Affray is done, or feared to
be done. So ip jB^^^'s Cafe, 11. Report^ FoL ^g.
Lex Terra isextended to the Jurifdi6tipn5 of Courts ;
and fo involves all Proceedings in Law. Nay, he
laid, the learned Gentleman near him \Sir EdwarcJ
Coke] extended the fame to a Wager in Law, in
loth of his Reports. This Procefs doth include an .
original Writ; and fo goeth the Authority of 42.
Edward III. that due Procefs of Law muft be taken
for original; as a P^rt, not as the whoje Proceed-
ings of the Caufe.
* That Mr. Attorney's next Objeftion was,
, That the King yv^as not bound to exprefs, becaufe
there may be Matters of State, Fear of revealing, £5V.
and added this Expreflion, Muft be dQne inffantly^
and mujl he true^ unchangeable ^ &c. , Anfwer, That
the Commons do not require a particular, a gene-
ral Caufe will ferve the 'i urn ; as Treafon, Sufpi-r
cion of Treafon, Felpny, i^c. There are many
Vitia fine Nomine \ like thofe \vs Arjlotle -^ evei^y
Species hath a proper Name; ai;id what Inconve-
niency can there bp to exprefs one of thofe ? — -— s
0/ ENGLAND, ss
Obje^fion. IftheCaufebeexprefled, thenprefently, An*4.ChtrlfiL
upon an Habeas Corpus^ the Party muA be delivered *^*8*
or bailed ; Nay, indeed, delivered, if the Caufe
be of that Nature. Refponf. Commitments are of
a double Nature : Superiour, as from a King and
Council; and here the Judges, in Difcretion or
Refpedl, are not prefently to deliver, but to bail:
Inferiour^ and lower \ and here they are to deliver
him.
* T*hat Mr. Attorney cited -for his Anfwer, in
tide Law, the Statute oi Wejlminfter i. Chap. 15.
which, fM Mr. Littleton, Nonponit^ fedfupponiti
' makes no Law, but declares a Law; and all that
is pertinent in the fame, is the R^ital that a Man
is not replevjable in the Death of a Man, Matter
of Foreft, Command of the King, and Command
of the Judgies. ■ Here he denies repleviable and
bailable to be all one : They differed in Nature and
Place; In Nature, for Replevin is by Sureties,
Jl^anucaptores I which they call Plevins. Bail-
ing is delivering to the Hands of other Men ; which
ftill hold him in Prifon if they pleafe. Then they
differ in Place. Bailing is ever in a Court of Re-
cord, and to anfwer Body for Body. Replevin is
in a Sheriff's Turn j for this Difference he offer-
ed a Book-Cafe^ 33. and 36. Edward IIL placit9
12. 13. but were they all one, yet this Statute is
reftraining to the Sheriffs alone ; which he proved
out of the firftWords thereof, Andforafmuch as She^
riffs and others which have taken and kept in Prifon^
l^c. The Word others can never reach unto Judges*
For, dignifftmum in fuo Centre ; the belt, by all
Courfe, is firft named : And, therefore, if a Mau
bring a Writ of Cuftoms and Services, and nam©
Rents and other Things, the general Words fhall
not include Homage, which is a perfonal Service,
and of an higher Nature ; but (hall extend to or-
dinary annual Services. He quoted for this 3 1. Ed*
ward L Title^ Droit. FoL 67. So 13. Eliz, C, 10.
and Others having Jpiritual Pron\otionSy coming after
Colleges^ Deans and Chapters^ jhall not c&?npreheni
Bi/k^JfS^ that arsofn higher Degree ^ quoted for thQ
Arcb»
^^ j6 The'^arliamentary HisTORr \
■ An,*. C>>jrlMi.ArchbifhopofC<JBr#r*ary'5Cafc, i.J?ffi!r(,Ffl;. 46,
1618. hefides thai this Word ethers^ is expounded by tbii
Statute in the Concluiion, to comprehend Under-
■ ■ Sheriffs, Conftables, and Bailiffs; fucli as kept
^^H Men in Prifon : Repleviable and not repleviable,
I^H are Vocts Ariis ; a proper I^anguage to a Sheriff:
^^F But that which receives no Anfwer, is this ; That
k the Command of the Juftices, who derive their ,
Authority from the Crown, is there equalled, at
to this Purpofe, with the Command of the King : '
^^H And therefore by all reafonable Conllrudtion, it
^^^k. mult needs relate to Ofhcers that arc fubordinate to
^^^M both; Strange! Arenotthe Judges able to difcharge
^^H their own Commands? Alfo, that this was meant
^^^1 of iiheriffs, appears by the Recital of 27. Ed. I.
^^H Cap. 3. De Finidus levaih, and fo likewife by
BV Fitta, L. X. C 52. in the Articles of the Charges
^^^ in the Sheriff's Turn, he hath one De Rtpltgia-
bilibui injujle deienth, y IrrspUgiahUibus dimijjis.
I And before, ^li Ment per Plegies dtmiiti, gidnettt
detlarai hoc Statutum, ftiih Fleta, fpeaking of this
very Statute: Befides that ibey have an expreft
Bw^ofif, 22. Henry VI. F^l. 4.6. v/hcK Newten
delivers this Opinion, It cannot be intended that
the Sheriff did fuffer him to go at large by Main-
prize, for where one is taken by the Writ of the
King, or Commandment of the King, he is irre-
pleviable ; but infuch Cafes his Friends may come
to the Juftices for him, &(. Objtflm. Stamford
was a learned Judge, but fpeaks nothing to this
Qiieftion, or againft the Declaration of the Houfe
of Commons : Mr. Littktm bid Mr. Attorney read
the Sentence entire, and then he fliould find that
the Word Sheriff muft reach to ail; or Siamferd
knew not what he faid. Then he read it; and
concluded that the Word Sheriff mv.^ either relate
to all, or ellehe had not exprefs'd his Ppinion.
For Mr, Attorney's OhjeSim, 31. Henry VI, Fol,
I r. of Fsrtefcue'i Opinion, That in a Commit-
ment, made by the Judges, we ought 10 prefumc
the Caufe ju!t. jinjwer. The Commons do fo
iirelume of every ope committed by the King, or
CuuiiciLi
Of E N G L A N D, 57 ^
Council; bat the Quetlion is, If the Caufe ought An. 4. chMtai.
rot to be exprefs'd, that it may fo appear? The *'"'
Place in the Regifitr, De Himine repkgianda, he
faid, was anfwered before, by that Record, 21.
Edward I. R£t. i. iJfn»'sCafei where the Sheriff
of ff'arwhk and Lekijltr was cenfured in Pariia-
menti for replevying a Man committed by the
Earl of Warw'ui ; when the King had given hiia
a general Command to (hew no Favour lo any
committed by that great Peer. Anfwer^ That
theSheriff was juftly punifhed; for the Party was
not repleviable by the Sheriff, but bailable by the
Juftices.
' In 2z. Uenrf VI. by the King's Mouih,
whereby none can be committed, he underftanda
aifo the Council, which are his Mouth ; and in-
corporated with the King! as you heard out of
Stamford^ 33. Henry VI. Fol. 28, 29. ( Rebirt
Pemag's Cafe : He denied it was urged for them ;
but relied upon by Mr. Attorney for the contrary
Opinion. Yet Mr. Attorney confefied it proved no-
thing. The Parties, in this Cafe, committed/'^/-
JDeminss de Cenjilio, never defired, nor were ever
denied Bail or Liberty ; confefe'd by Mr. Attor-
ney.
* Out of 34-. EHz. containing the Refolutions of
all the Judges, he read fome Part ; and fhewcd
Judge ji'«yer/Sfl's Book under his own Hand; in-
iifled upon fome Words, that implied the Caufe
ought to be exprefs'd ; and concluded. That it was
neither for their Tenet nor againftit; For that Af-
IVrtion, That bailing was Ex Gratia Curia, he
granted it true in many Cafes; as wheiethe Caufe
doth appear, and the Judges hold it Et to make
fome Stay ; but rot where no Caufe is fhewed. It
may be Grace, faid he, yet it is the conftant Prac-
tice of the Court ; and herein he appealed to ihofe
Precedents, offered unto your Lordlhips out of the
cloft Rolls.
* The Report of the 1 3. Jaccbi, which is called
RuffeU's Cafe, taken by a young Student, is a Gal-
iiipawfrey of three or lour Cafes huddled toge[her,
and
j8 Tlje Tarliamentary History
•.4. OiatlMi. and put as it were inlo an Hotch-pot. Others in-
'***■ tcrpret it for a fudden remittitur at the Rifinp; of
the Court. And you muft note, alfo. Thai Ruf-
feli was never returned to this Court again.
' Ifa Man deliveran Opinion of a fudJeti, that
is nothing to the Cafe in Hand. Judges, as Stu-
dcjils find in their Year-Boolis, have changed their
Opinions, and given better Reafons for their con-
irary Aflertions. And (hat Paflage in Parliament,
18. Jac. was at bell but a fudden Ejaculation,
grounded upon •^■^. Henry VI. which was nothing
material. For that Place, 16. Henry V\. [Moun-
Jlre Defaits,) he snfwered. That of their Auihori-
lies fome are nearer the Qucftion, fome farther off;
yet all appliable.
' It is the Dignity and Honour oF the King,
Neminem a fe trijfem dimitiere, to aft chefe Seve-
rities, not by himfelf, nor his own Mouth, but by
minifterial Officers. Kings have fitten in thek-
Beds of Juftice as Edward IV. in a Trial of a Rape
at the King's Bench : Yet did he not pronounce the
Sentence, but left that to his Juftices. It is the
Honour of the King to command none to Prifon,.
iHlt leave it to his inleriour Minifters of Juftice.
To that of ift. Henry yil. Fol. 4, Huffey'^K^
port of Mariham, That he told Edward IV, He
could not command one to carry any to Prilbn,
he faid it was a Rule in Law, thai the King can do
no Wrong: But if he fhould command one to be
iirrefted, without Caufe, then he might be Author
ofWrong; and, therefore, th.it is denied him.
* He touched that Place of Fortefcue^ PropHs
Ore nuUus Regum j^nglia:, tfc And here he de-
fired to be rightly undctftood, for they of the Houfe
of Commons do not exclude the Commandment
of the King ; for they confefs all that are impti-
foned, are by his Ct>mmandment; but, it muft
be with a Caufe exprclTed : He faid, that 36, Ed-
ward III. N. 9. is not in Print. He faitb. That
he was in France ; and that th:re he read many of
their Books : And he appeals to any that under^r
Aands the }«anguage, if, eu drrejl fairer doib not
fignifjr
0/ E N G L A N D. 59 ^
f gnify to arreft, and not to delay by Commandment An. 4 Chatta &
of tbe King. Concerning Mr. Sergeant ^ley, Mr. '*'*•
Liltlcisn faid, That for Matter of Law he was au-
thorized to anfwer him : And for what that Gen-
tleman had objefled, That the Houfe of Com-
mons did think they had gained the Caufe, becaufc
the King's Council had yielded the Statuies to be in
Force: Alas! faith he, We do not . labour for
Viflory but for Truth ; convince our Underftand-
ings by better Reaibns, and the Caufe fliaJi be
yours.
' That Mr. Sergeant underftood per Legem Ttf
re?, many Laws in England; Martial, Admiral^
EctkfiajiUal, and that 9. Edward III. called,
Merchant-Law, To this Mr. Littleton replied,
with fome Animofiiy, and a Challenge to any
Man living to fliew. That Lex Terra (hould be
fpokenof any but the Common Law, in any Law-
Book, Statutes, or antient Records : And fo clofed
up hb Difcourfe.*
Sir Edward Cske. ' As the Centre of the great-
eft Circle is but, a little Prick, fo the Matter ever
lies in a little Room ; but weighty Bufinefles are
fpun out to a high Length. This, he faid, was mora
weighty than difficult -. His Part was little ; he
would run over Mr Atiorney's Reafons briefly j
and, laid he, Smma fequar Vejiigia Rirum. This
Tenet of theirs was exprefled (hortly and fignifi-
cantly : It was a Wonder for him to hear the Li-
berty of the Subjefl fhould be thought incompa-
lible with the Regality of the King ; for nihil tarn
froprium eji Imperii^ quam Legihui vivere, faith
BraHon. Nay further, Attribuit Rex Legi quad
Lex ei ; Dominium enim W Itnperium exenert, fmt
Lege, mn pstefl.
* Firft, he faid, Mr. Attorney feem'd to inti-
mate, that, in tliis jpeciak Mandatum, a Caufe
fhould be conceived to blind the Judges, when other
Matter was inrended. He had heard in:feed of
that Sentence, ^/i nefdt diffimulare, nefcil regnare:
^Ut he held it no good Div inity ; for D^vid, in the
6o The TariiatMetftary History
4«,4.aarIoi, tigth PJalm, defifes a found Heart; tbaf is, «
!*•*■ Heart without Diflimulation; Ergo, No King
fliould covet to difiemWe in his Mandates,
' Then for tliat Cafe of Rebellion, in Ireland,
he faid, it was bom: Tirra, ma/a Gens. But, he faJd,
O Dtnntirs Children loft nothing by the Bargain ;
periiUint tiift penijftt ; for they were better brought
up bete in the true Religion, inftead of Pspery. Be-
fides, ihey have loft nothing, for their Blood was
tainted. It was Charity to keep them. A ftrange
Provifo, that a Thing happening once in a hun-
dred Years, fhould overthrow and niarr fo many
Statutes in continual Ufe, againft the old Rule, Jd
ea qua frequtntiui atcidunt. Jura adaptanlur ! And
he never heard of fuch an Objection.
* In the next Reafon, he faid, Mr. Attorney
came clofe to him, and fatd he was glad he h^
awaked him. That a King is rrufted in greater
Things, as War, Money, Pardons, DenifoDS j w-
gs, Wi". Nigotur, laid he, for the Liberty of the
Perfon is more than all thcfej it is maximum em~
niujn humancrum Btaarum, the very Sovereign of
all human BItflings: Yea, but the King'may make
Money of Erafs, (faith Dienyfsus HaUcarnaffius) or
ether bafe Metal, as he heard Queen Elizabeth fay,
that her Falher, King Henry VIII. did hope to live
fo long, till he faw his Face in Brafc ; i. t. in Brafs
Money. He faid this was a main Point : And that.
I whatever the King's Power was by the Common
I Law, yet was it qualified by Afls of Parliament.
I And no Man will deny but the King may limit
himfelf by Afls of Parliament.
* He cited 9. Edward III. Chap. 4. 3. Henry V.
Chap. I. that the Money muft be of Weight Ster-
]ing J trge, it muft, now, be of the Lay and Finenefs
of Sterling. In another Statuie, d^ Dimiffiime Dt~
variorumy it is required the Coin fliould \>zde legali'
Metalle ; trgo, not illegitimate Why muft the
King have the Mines of Gold in my Land, but for
the Ufe of bis Mint and Coining.'' He cited alfo
a Law of King Edgar, C!>ap. 8. and of Canuiui,
Chop._^
0/ E N G L A N D. 6i
Chap. 8* That no Money fhould be current but of Aa.4.chtfi»i
Gold and Silver- ' *^-
^ For Pardons $ they are alfo limited, in wilful
Murder ; as he proved out of the 4th of Edward IIL
and 25. Edward III. And this he faid by the Way,
bow his Part was fhort, and that he had before ex*
preis'd what Books and Warrants they had for their
Tenet.. If he be a little more earqeft than feems
fitting, he craves your Lordihips Pardon ; it con-
cerns him near.
* * He talces Occafion here to fay (under Reforma*
lion) his Reafbns were not anfwered, or not fully.
He touched upon his former Reafon from Impri-
fonment (m) $ that it is a Badge of a Villain to be
Imprifoned without Caufe ; that this and Tailitr b^
haut y bas font propria quarto mada to Villains :
This he prefents with all Reverence ; for we, laid
he, fpeak for the future Times only : Our King is
good, and the Council moft gracious ; but non ASp^
bis nati fumus \ it is for our Pofterity that wedefiie'
to provide, rather than for ourfelves, that they be
not in W(»:fe Cafe than Villains ; for to be impri-
foned without Caufe fhewn, is to be imprifoned
without Caufe at all* De non apparentibus & non
ixijlintibus^ udim eft Ratio.
^ He agreed with Mr. Attorney, he faid, in thp
Enumeration of all the Kinds or Habeas Corpus;
and if they two were alone, he did not doubt but
they (bould agree in all Things. Only, he faid,
that for a Freeman to be Tenant at Will for his IJr
berty, he could never agree to it ; it was a Tenure
that could not be found in all Littleton^
* Then he alfo touched his former Argument
from Univeriality ; that the Lords, the BiOiops,
and all are jumbled and involved in this Univerfa-
lity. Law doth privilege Noblemen from Arrefts :
This new Doflrine^ like the little God Terminue^
yields to none. Nay, the Judges themfelves, when
they (hould fit on the Bencb^ mult be walking to-*
wards the Tower.
Tbea
(mj Ste V«l. Vll. p. 429*
\
6i 7he Tarliavtentaiyiii^T^^y
A».4.Chulei I, Then he fell toaProteftation, that he intended rto
1618. Prejudice at all to the King for Matters of State j
for the Honourable muft bemaintain'd in Honour,
or this Common-Weakh could not fubfift j buttha
Queftion was, Whether they ought not to expreft
the Caufe? He repeated 3g3\n PUwdert, 4.. Eliz.
PI. 236. The Common Law hath fo admcafured
the King's Prerc^aiive, as he cannot prejudice any
Man in his Inheritance. He cited alfo 42. Ed-
ward III. Chap. I, to prove, that all Judgments
"given againft Magna Ghana are void.
' Next he was pleafed 16 fiy, He was not (o
well deah with in ohe Particular as he expefled 1
For a Student's Report fhould not have been cited
ag^nft him. He defired Mr. Attorney to remem-
ber, he had not Verilattm ex Cathedra, or Infallibi-
lity nf Spirit i that was for the P^f. He faid, he
niifgrounded his Opinion upon 33 Henry'Vl. which
being nothing to the Purpofe, he is now alTured his
Opinion is as little to the Purpofe.
' Here he took Notice of an Objeftion, • What
Can yoii arrcft none without a Procefs or original
Writ ? Why, the fufpeded Fellow will run away ?'
To which he anfwered. That ProCefs Jignifies the
whole Proceedings : And cited a Rule in LiW,
I ^ands Lex aliquod cancedit, concedere v'tdeiur idf
' fine que Res ip/a ejfe nan potefl. The Law gives
Procefs and Indiftment ; ergii, gives all Means con-
ducing to the Indiitment. And this anfwers all
Mr. Ailorney's Cafes of Watchmen and Conftabtes.*
And here paufcd Sir Edward Coke.
Mr. Ney offered Anfwers to the Inconvenience*
prefenied by Mr. Attorney.
Firfl, he faid, where it was ohjefled. That it waa
inconvenient -to exprefs the Caufe, for fear of di-'
vulging Arcana Imperii -, for hereby all may be dit-
covered, and Abundance of Traitors never brought
10 Juftice: To this that learned Man anfwered,
* That the Judges, by Intention of the Law, are
the King's Council, and the Secret may fafely be
com-
I
I
Of E N G L A N JDf. 6^
Committed to all, or fome of them, who mightAfl.4.chiitl«i«
advife whether they will bail him : And here is no *^**«
Danger to King or Subjeft ; for their Oath will
not permit them to reveal the Secrets of the King 5
nor yet to detain the Subjeft long, if, by Law, he
be bailable.* ^ • '
Secondly, For that Objeftion of the Children of
O Donnelly he laid this for a Ground, That the
King can do no Wrong : But, in Cafes of extreme
Neeefliiy, we muft yield fometimes for the Prefer-
vation of the whole Stale; Ubi unius Dampnum
Utilitcte publica rependitur* He faid there was no
trufting Children of Traitors : No Wrong done,
if they did tabefcere or marcefcere in Carur^* It h
the fame Cafe of Neceflity, as when, to avoid the
burning of a Town, we are forced to pull down an
honeft Man's Houfe ;' or to compel a Man to .
dwell by the Sea Side for Defence or Fortification.
Yet the King cannot do wrong : For PoUntia Ju^
rss eft non Injuria ; ergo. The Aft the King doth'y'
though to the Wrong of another, is, by Law,
made no Wrong: As if he commands one to be-
kept in Prifon ; yet the King himfclf is not refpon-
fible for this Wrong. He quoted a Book 42,
JJ/iz.C.s.
Thirdly, For the Inftance made of Wejiminjier t;
be faid, * There was a great Difference between'
thefe three, i. Mainprize ; which is under a Pain.
2. Bail; which js Body for Body, and no Pain;
fbr the Party is ever in Court to be declared againft. -
5. Replevin ; which is as much as both ; yet it is
neither by Surety nor by Bail ; for if replevied, then
he is never in Court. By this Statute, faiih Mr,
Attorney, a Man cannot be replevied ; ergo, not
bailed ? Non fequitur*
Fourthly, Where it is faid, That Bail is ex Gra»
tia, he anfwered, * That if the Pt ifbner comes by
Habeas Corpus, then ic is not ex Gratia \ yet thq .
Court may advife : But mark the Words, ad fub'
jiciendum ^ recipiendum prout Curia confideraverit.
Now it is impoffible that the Judges do \o, if no
Cauf(^ be e;$pr^ir^d : For if they know not the
Catili?, .
64 The 'Parliament firy History
An 4 Cfiailcfi.'-'^'^''^' ^^ "'^^ \ii\a%, the firffi, fecond, third, asi^i
' j'tiS. fourih ihbeai Cerpui, and fo ad infinitum, till ti^l
find himrdt' a perpetual Prifoner: Sothatno Cau^
exprefled is worfe for ihe Man, than the greateft
Caul'c or Villainy that can be imagined." And tl
(ar proceeded that worthy Gentleman.
- Mr. Ghnvilli faid, ' That, by Favour of th(ft!
Houle of Commons, he had Liberty to Ipeak, fl^^
Opportunity were offered : He will therefore ap-'^,
ply bisAnfwer lo one Particular of Mr. Attorney i
■whoaffianed to the King four great Trufts; i. Of
War. 2. Coin, 3. Denifcns. And, 4. Partjoifc
■. It is aflented unto, that the King is trulled with aljw..
thefe four legal Prerogatives: But llie Argument'
foUoweth not. That therefore he flinll imprifo]
without Caufe (hewn. — Again, The King is truftt
in many Prerogativesi ej-gs, faith Mr. Attorney, i .
ihis ! Non Jequitur ; ^uod nen ejl fuffidetis KnumS'
ratio PaTtsum,. — He faid he would anfwer Mr.
Attorney's four greacTrufts with two Rules; where-
of the- firft fhould wipe off the firft and lecond ; and
the other, the ihird and fourih.
* The firft Role is this: There is no Fear o£
trufting the King wiih any Thing; but the Fear
of ill Counfel againft the Subject : The King may
eafily there be trufted, where ill Counfel doth equal-
ly engage both the King and Subjedt ; as it dothi
both in Matters of.Warand Coin. If he mifcarry
in the Wars, it is not always pkliuntur jfihivi ; but
he fmatts equally with the People. If he abafc Uie
Coin, he lofclh more ihan any of the People : Ergs,
He may fafely be trulted with thole Flowers of the
Crown, Wars and Coinage.'
The fccond Rule he gave was this : ' When the
King is tiufted 10 confer Grace, i[ is one Thing ;
but when he is trufted to infer an Injury, it is ano-
ther Matter. The former Power cannot, by mif-
counfelling, be brought to prejudice another j the
Ijtter may. If [he King patdon a guilty Man, he
punifheth not a good Subjt^. If he denizen never
lo many Strangcrsj it is but Damnum fine Injurit^
.4. ■ Wc '
1
0/ E N G L A N D. 6 s
We allow him a Liberty to confer Grace ; but not, au. ^ ciurieii.
without Caufe, to infer Punifhments. And indeed iM.
he cannot do In iury : For if he commanded to do a
M^n Wrong, tne Command is void. ASIorfit Aif
thor^ and the Aftor becomes the Wrong -doer :
And therefore the King may fafely be trufted with
War, Coins, Denizons, and Pardons ; but not with
a Power to imprifon, without Expreflion of Caufe
oc Limitation of Time ; becaufe, as the Poet tells
us, Liberies potior Auro* ,
And thus far proceeded Mr. Glanville,
Next Mr. SelJen faid, ^ Your Lord(hips had
heard all or moft of the Arguments brought, and
anfwered fiiUy : That there was hardly any Thing
cbjefled that had the leaft Colour. This he fpeal^
not out of any overweening Con^dence as a Couq-
fellor ; but defires your Lordihips to recall the fe-
vera! States and Conditions of thofe you now hear.
The King's Counfel fpeak for the King's Advan-
tage, as GIoITers and Parties : But the Condition
of the other Gentlemen is this, that as they are
Members of the Houfe of Commons, they are
bound to fpeak Truth ; fo, by a ftrift Oath, to
maintain the King's Rights and Preheminence :
And therefore your Lordfliips had good Caufe to
put a Value upon them, and what they fay.
* Accordingly here he fell upon the Refolution of
the Judges, in 34. E&zabetb ; which, he faid, ftuck
with many, and was prefled by Mr. Attorney, as
drawing on his Side ; and was aUb fo prefs'd at the
Kin^s Benck
* It is true, a fuller Perfpicuity might, by Care,
have been delivered therein ; yet, what is in it, he
faid, concludes for the Refolution of the Houfe of
Commons. He inftanced in one Point: They
may not be delivered by any Court without Trial
at Law ; now, no Trial where no Caufe : But in •
that Cafe the Matter is unintelligible, ^ii & qnare^
are two Qiiefiions. It is one Queftion who^ but
another why they are committed. Then he f^id.
Vox. VIIL E There
¥
66 The Tiirlumeuiary Histort
1. 4.Cti»rleil.TheiewMindeedaSort of Rq)ly inlhatof 13. ^J-
»6i>' C'M, Rujil's Cafe: But that it was not Rujjel'a
Cafe, tiut an Ommgatherum of lliree or four Cafes
full of Miflakes. It mentions Haneurt, 40. Eli-
zabefh, to bave been bailed by Command of the
Queen, or Council, and rot a Woid thereof was
true : It fpcaks of a Letter filed in the Crown Of-
fice ; but no Letier was ever there filed: It cites
the Cafe of j+. and 56. Elizabeth. — Itl one Word,
OvJliy, for there was nothing found b all this ima-
ginary Report.
' As for the Journals of the Lower Houfe, in
18. Jiif. ihey arc good Records, tofdias they are
Journals of Orders and Refolutions; But as for
Things caiched at by Clerks, out of the Mouths
of Men. they arc declared long fince to be of no
Autlioriiy : And the Houle doth generaily conceive,
that this Particular is a Miftake 0/ the Clerk.' And
here cndtd Mr. SeMen.
Sir EJwarti Call pui your Lotdfhips in mind,
tli.u you hiid the greaieft Caufe in hand, that ever
came into the Hal! at IVeJimhJltr, or, indeed, into
any Pari ra men I.
* My Lords,f?.idhe,YourNobleAnceftors,whore
Places you hold, were Parties to Magna Charta;
lb called for Weight and Subftancc (for, other-
wile, many O'htr Siatuies arc greater in Bulk) ; ns
Alexandery a little Man, called Magnus for his
Courage.
' And you, my Lords, the Bifhops, faid he, are
commanded /iih/i nure, to ihunder out your Ana-
ifiema'a againft all Infringers of Magna Ckarta.
(Senierilia lata fiper Chartai) And all ihe worthy
Judges, that deferv'J their Place?, have ever ha4^
Magna Charts ingttat Ki\miation.
' Now, as Juftice haih a Sword, fo it halh a B^t^
lance,
Pinderat ha: Caufus, ptnutil ilU Rm.
Put together, my NoUe Lords, in ■oat Ballai
t i
0/ E N G L A N D. 67 jl
&ven Afls of Parliament, Records, PrecedenESiAn-f Cl1lr)n^
ReafoDs, all that we have fpokcn, and chat of ■*'*•
18. Edward HI. whereto I found no Anfwer ; _
and, in God's Name, put Jt)to the other Ballance
what Mr- Allorney hath faid, his Wit, Learning,
and great Endowments of Nature ; and, if he ^
weightier, let him have it ; if not, then conclude
with us.
' You are involved in the fame Danger wiih us ;
and therefore we delire you, in the Name of the
Commons of England, reprefented in us, that we '
might have Caufe to give God and the King .
Thanks for your Jufticc, in complying with us.'
And here reHcd Sir Edward Coke,
Mr. Attorney fumm'd up the Argument. H«
obferved. That many Things, and much Matter*
bad been uticr'd by the Gentlemen of the Houfe
of Commons : That to run over it all would fpend
much Time; he would therefore obferve fome
principal Things wherein he and they did no: differ.
I. ' It was agreed the King may commit. 2. It
was agreed the Statutes were in force — Hut how
this Ltx terra is to be expounded, is the main
Apple of Contention. If the CauTe be fufficienily
exprelfed generally, then Mandatum Domini Regit '
h a fufficieni Expreflion. To reduce this to the
Judicature of the judges, is to prefuppofe, not, J
llaie the Queftion. That the King hath an unli-
mited Power, is not the Slate of the Queftion ; ■
For then the King might imptiron perpetually, be',
ihe Caufe right or wrong. ,*
' Whether there be that NecelEty of exprcflin^^
the Caufe, upon Commitment or no, is a greats J
Pirtof the Coniroverly. It was granted bjrone.
That there may be a Caufe of an extraordinary,,
Nature, as 0 Diineifa ; but the Rule of the Houfe,,!
of Commons is a new mathematical Line, thai ad-
mits of 00 Laciuide at all. To fay Subjcds may
be perpeiuaily imprifoncd, or wiihout any Caufe, ^
.^ifto intention ol the King. On the contrary
, to tie the King's Command to th: V-.v,\f
6S The Tarliaraeutary VLisroKY
\n. 4. Oiirl*»l.iii5 JwJges, and leave no Latitude or Breadth at afl^y
r6»!. to lurn him in, is a Variation wherein your Lord^^l
Ihips Wii'dom muft appear, to fmooth and facilitalCj^'l
rhc Roughnefs of the Paliage. '^
' He recommended all to yourWifdoms toweiglr
(as Sir E4ward Coke delired) in an equal BaUance»,J
Reatbns, Precedenls and Rerolutions ot Judges-jil
This Manifefto of the Houfe of Commons takes' "
the Matter upon great Advantage, as refolved by
ihar Body j but this is our Comfort that are Coun-.
fel for the King, that you are all now Counfelloi* I
oi the King and Kingdom. If all can be fo oa> |
dered, as ynu (hall not deftroy the Rights of tHi*
King, and (hall favour the Liberties of the Subjefl?-
ns the Caufe requites, Mr. Attorney hath the utmoffi
of his Defiles.' And here he ended. •
Mr. Niye heieto rejoined, ' The King mighfi^
commit for a Caufe, not without: This was agree* .
on both Sides. But Mr. Attorney faid. He waB_ ,
no[ biiund to exprel's the Caufe. To which it wa*. I
repliijd. That the Judges are to judge between hlift .'
iind liis People: Ergs, "No Caufe ^ m judgment ^\
and iherefore the King ought not to commit for *
■ uny Time -, no, nor an Hour, without a Caufc—f 1
And that there was no Caufe.'
Thus ended ihiu long Report: One Thing where^ "j
iftgeant A/l.ie)' jnisvery remarkable, Thatwhen Mr.Sei^eantv^^ I
oil" th"s°n,e' l^ had done fpeaking at the Conference, in whitl\"i
iVorii fpokeo athe was of Counfcl for the Crown, the Lard Pre-, '
^'' h^Ub^""" ffident told the Committee of the Commons, That
ht Suijrfi."'' " the Sergeant had no Authority, from their Lordfliips,"
as to what he had advanced in his Argument («).—
But the Matter relied not here ; for the Doflrinc
advanced by this Gentleman feem'd ib unconfti-
lutional, that, upon the Motion of the Earl of
fyarwi/it he was ordered into Cuftody. And,
On the 2ifl: of Jpril, a Petition of Mr. Sergeant
yiS^/c was read to the Lords ; exprelling his Sor-
rnw for the Difpleafure he had given their Lot'd-.
ihips, and humbly deiiring to be admitted to fuch -
' - ■■ "Re--
(") Sei: before f, Jj.
0/ E N G L A N D. 6^
Recognition as their Lordfhips (hould enjoin hini.Aii«4«Cliar]ct|
Hereupon he was ordered to be brought to the Bar ; *••••
wbcre, kneeling, he made hisSubmiffibn, and hum-g^j it foon ir
blf asked Forgivenefs for his Fault j and was diA t», ^wauBged."
charged out of Cuftody.
Afcerwanh the Loids went into a Committee
on the Liberty of .tjie Subjeft ; in which the Earl
of fFarwuk fpake to tbis£Se£l (o) :
I Will obferve foroethingout of the Laws, where- wick*t Speech oa
in this Liberty of the Subjefts Pcrfon is found- ^«^ Oreifioo.
ed, and fomething out of the Precedents which
have been alledg^. As to Magna Cbarta^ and
the reft concerning thefe Points, they are acknow-
ledged by all to be now in force ; that they were
made to fecure the Subjefls from wrongful Impri-
fonment ; and that they concern the King a$
much, or rather more than the Subject Well
then, befides Magna Cbarta^ and thofe fix other Ads
of Parliament, in the very Point ; we know that
Magna Cbarta irfelf, hath been at lead 30 Times
confirmed'; (q that now, at this Time, we have
3d or 37 Adis of Parliament to confirm this Li-
berty ; altho* it was made a Matter of Derifion, the
t>ther Day, in this Houfe.
• One is that of 36. Edwardlll. N. 9. and ano-
ther !n the fame Year, N. "20. not printed, but yet
as good as thofe that are ; and that of 4 2 Edw. flf •
C^. 3. fo exprefs in the Point, (efpecially the Pe-
tition of the Commons that Year, which was read
by Mr. Littleton^ with the King's Anfwer, fo full,
and free from all Exception, to which 1 refer your
Lordfhips) that 1 know not how any Thing in the
World can be more plain.
• Now therefore, if, in Parliament,- we fliall
make any Doubt of that which is fo fully confirm,
ed by Parliament ; and, in a Cafe fo clear, go about,
E 3 ■ by
(0) Frapi'a ManufqdpVof the Time?, in the jrar/fj'dfl Library,
—-It is omitted in Mufinooftb^i Colkfiions : But there is lii Jmpcr^
fc^ Copy b^ it 10 ilveSpbcment PaHiamn'arig^
1
70 The IP arrtawtefttnrf UisrCKJ
4.ciurhil.by new Gtoflcs, to alter thefe old and good Lawrj
i6i3. we fhall not orly forfike the Steps of our Anc«f-
lorsi who.inCaresevenOffmalllniporldnce.wcwM
anfwer, nekimus Legts Anglia miasri; but we (hall'
yield up and betray our Right in the greaieft Inheti.
lance the SubjeAs of England have ; and ibat U the
Laws of England.
' Truly, i wonder how any Man can think that
I this Houfe (tho* no Lawyers) can admit of fuch
■ a Glofs upon a plain Text, as fliould overthrow
^ the very End and Defign of the Law : For v/her»^
as the Law of Magna Ckatta is, ' That no Frefr
man fhal! be impriioned, but by lawful Judgmem
of his Peers, or the Law of the Land ;' it has been
infifted on by fome. That by thefe Words, tht LaiB
of thi Land, it is to be underftood, That the Kii^
hath Power to commit without fhe>vingany Caufet
which is an Expofition, not onlyexprefly rontrary
to other Afls of Parliament, and thefe efpeciallV
before cited, bat againft common Senfe. *
' Mr. Attorney confeCeth this Law concerns tfa^
King : Why then, where the Law faith, the Kinj
fliall not commit, but by the Law ef the Land ; the
Meaning mull be, (as Mr. Attorney would have it)
Th« the King miift not commit, but at his fwp
Pleajure ! And (hall we think that our Anceftor|
were fo fooTifli as lo h^aard iheii Perfons and E-
ftates, and labour fo much to get a Law, and n;
have it thirty Times torfirmed, that the King
might not commit his Subjeflj, but at his own
Pleafure? — And that if he did commit any of M*
Subjefls without a Caufe (hewn, that then the Par*'
ty muft lie in Prilbn during the King's Pleafuiel'
• — Nothing can be imagined more ridiculous, of
more contrary to Realbn and common Senfe. ,
' From the Precedents I obferve, That many
committed by the King or his Council, hare been
delivered upon Habeas Corpus, and that conftantl}".
It is true thit fome Precedents were brought on the
King's Part, ihat when fome of thefe Perfons de-
fired to be deliveied by Habeas Cot-pus, the King,
gr hi^. Council, figniiied his Majefty'sPIcifure, that
they
0/ ENGLAND. 71
any fhouM be delivered ; or the King's Attorney An, 4. cimfcti.
hath come into the Court and releafed them by [he ''-*■
King's Command j but this leems to make for ihc
Subjwil: For, it beingiahisMajefty'sPoweriodc- j-r
liver them, who, by his fpecial ComtiHndment, and
without any Caufe fhewn, were icnptironed; may
we not think that his Majefty,at itiac Time, would
rather have llaid their Deliverance by Law, than
furthered it by his Letters ; and lb make the Prilbn-
«s rather beholden to him for his great Mercy, than
to the Judges for Jufticc ; had not his Majefty
knoWQ that, at that Time, they ought to have been
delivered by Law ?
' I think no Man would imagine a wife King
would have fufftred his Grace and Prerogative (if
any fuch Prerogative there werej to be fo continu-
ally queftioned ; Or his Majefty and his Council to
be fofar from commanding the judges not to proceed
to deliver the Prifoners, by ihem commit ted, without
Caufe fliewn; as that on the other Side, (which li
all the Force of thefe Precedents) the King and
Council ftiould fijnii'y to the Judges, that they
fliould proceed to deliver the Parties I
* Certainly, if the King had cballcDgcd any fuch
Prerogative, that a Perfon committed, without any
Catile fliewn, might not be delivered by the Judges
without his Content i it would have appeared, by
one Precedent or other amongft all that have been
produced, that his Majefty would hive made fonic
Claim to fuch a Prerogative : But it appears on the
contrary, that, in many of thefe Cafes, the King
nor his Council did ever inter pofa ; and where they
did, it was always in Affirmation and Encourage-
ment to that Court to proceed. And bcfsdes, the
writing of Letters from the King to ihe Judges to
A> Jultice to his Majefty's Subjects, may, wiih ai
great Reafon be interpreted, that, without rhofe
Letters, they might not do Juftice ; as this. That
the Kmg lignified his Willingnefs that fuch and
fuch Pcrlons, which were committed by him with-
out Caut'e (hewn, fhoulJ be delivered; theieforc
the/
71 TTfC'TarliamentatyiliSTo&Y
An.4-Ch1ric1i.tbey could not be delivered without him ; which
***■ ^afttange Reafon. »
' So that finding the Laws fo full, l"o many, im
U) plain in the Point ; and that wlienever any, coaB-
mined without Caufe fhewn, brogght their Habtei
Corpus, they "Were deUvered ; and no Command
ever given to the corttrary, nor no Claim made, on
the King's Part, 10 any I'uch Prerogative ; I msy
fafely conclude as the Houfe of Commons have
done: And if any one Precedent or two, of late^
can be (hewn, that the Judges have not deliver«i;
the Prifoners focommiiled, 1 think it 13 their FauJtt
and ought to be enquired ofj but,,contrarily* j|!
feema (o me to be an unduubted Right of the Su()n-'
jeft. That if he be committed without Caufe, <Mf!^
■.viihout Caufe (hewn, yet he may have fome fpetkJ'
dy Courfe to bring himlelf to Trial, either to jufti^
hisown Innocency, or to receive Punifliment a^
coiding to his Fault : For God forbid that an ion
EOcent Man, by the Laws of England, fhould b»
put in wotfe Cafe than the moft grievous MalefafiB
tors are; as muft needs be, if, when a Caufe, H"
fticwed, he may have his Trial ; but, if none, t|^
muft lie and pine in Prifon during the Kin^B Pleo.-^
lure. li
I' Mr. Sergeant ^j/o', the other Day, told youtfi
Lordlhips of the Emblem of a King ; but, by hta;
Leave, he made a wrong U fe of it : For the King
holds in one Hard the Globe, and in the other cha
Scepter, the 'IVpes of Sovereignty and Mercy, buE ■
his Sword of Juftice is ever carried before him by.*-,
Minifter of Juftice; which fhews that Subje^i
may have their Remedies for Injuftice done, and
,,1 tmiuJ ithat Appeals lie to higher Powers; for the Laws
""*' "'■' 6F England are fo favourable to their Princes, aa ,
to declare that they themfelves can do no InjuStcec ,
* Therefore I will conclude, as aJl Difpuies fhoul^fi
do, Mi^gna ijl Veritai^ & prevakl/it : And I make
»o Doubt, we living under fo good and juft-.a Priiv:e i
as we do, when this b reprefeiited uniohjni, heWt ■
anfwer us, ^t^gna tflCI-4}rlQi iS pitvahi^iu- ,/ [
1
2hu]ft.
lE.
i
0/ E N G L A N D. 73
■ The Houfe being icfumed, it wasagreed» as aAi
general Conclufion, ' That a Commitment, by
the King, or his Council, is good in point of Au-
thority i and, if the Caule of Commitment be juft,
then it ia good for the Matter : But ihefe two Con-
cefiicns were, no way, to prejudice the King's
Aiithority, nor yet the Ptopofitiyns of the Houfe
of Commons,'
April 22, This Debate was again refutned, how-AfurthnCooff-
ever, nothing was then concluded on; but the ™h* reining lo
Day following, it w,is agreed, by the Lords, tOs'^'^.H^'*""''*
have another Conference, wiili the oiher Houfe, '
on this Subjcft; ' That they concur with ihe
Commons in their Delire of all juft Liberties to the
Subjed, but they do find it fit and neceflary alfoto
preierve the juft Prerogative of the King j and, to
that End, that both Houles mi^ht agree therein^
this Conference was delired.' - "
This Propofal was accept©! on by the Coiq
mons, and a Conference b-.'^'n which hi\ed twj J
Days; but nothing particular wasagreed on betwefi|i I
them. On the 25th, the ArchbilTifli; of Cdif^.l
imry, from the Commitlce of Lords appointed fojT
this Ijulinels, reported, ' That they agreed on »
further Conference with the Commonsi in wbicl^
they intended to offer feme Propofitions to th^iB,-
which they had Liberty to alter, add, or dimiq-,
ni(h as they thought proper : To Qiew tliem that
the Lords were neither out of Love with their Pro-,
pofitions, nor in Love with their own.' Tliciaid'
Propofitions were read in thefe Words-
I. ' That his Majefty would be pleafcd, graci- The i-ord, P
oufly, to declare, That the good old Law called p^f'iioni ihei<
Magna Charta., and the fix Statutes, conceived to"'"""
be Declarations and Explanations ol that Law, do
Hill ftand in Force to all Inienls and Purpofes.
n. ' That his Majefty would be plcafed, gra-
cioully, to declare. That, according to Magna
Chartu, and the fix other Statutes aforenamed, as _
alfo according to ihc moft antient Cuftcms and, '
Lawi"
74 TheTarliammtary History
An. ♦•Chatletl. Laws of this Land, every freeSubjeft of this Realm
«6^. hath a fundamental Property in bis Goods, and a
fundamencal Liberty of his Perfon.
,■- 111- ' That his Majelly would be pleafcd, gn-
•"' cioufly, to declare, That it is his Royal Pleafare
to ratify and confirm unto all, and every, hisioyul
and faithful Subjects all their feveral, aniicrt, juft
Liberties, Privileges, and Rights, in asamiiieand
beneficial Manner to all Iniems and Purpofes, as
their Anccftors did enjoy the fame under the beft of
his Majefty's raofl noble Progenitors.
IV. * That his Majefty would be further pleaferf,'
gracioufl)-, to dcclaic, for ihe good Coniernmenf I
of hia loyal SubjeCls, and for the fecuring thent '
from future Fears, That, in all Cafes, within the'
Cognizance of the Common Law, concerning th* \
Liberties of the Subject, hi* M^efty would priw"
ceed according to the Common Law of this Landk ,
and according to the Laws eftabliflied in ibis King*' |
dom, and in no oiher manner or wile. "
V. ' As touching his Majefty':. Royal Prerogfck^ 1
(ive, incident to his Sovereignly, and intrufted hini" '
withal from God, ad (ammiinem tottus PsfiuH SahU
tern, & noil ai DeflruHmem, That his Majdly'
<rould rcfolve not to ufe or divert the fame, to thfl'
Prqudice of any of his loyal People in the ProperqJ-
cf their Goods, or Liberty of their Perfons: And
in cafe, for the Security of his Majefty's Royal
Perfon, the common Sifeiy of his People, or th*
' peaceable Government of this Kingdom, his Ma-J'
jdfty fhalt find juft Caufe, for Reafon of State, to
imprifun or rertrain any Man's Perfon ; his Ma^'
jefty would, gracioufly, declare, That, within a
convenient Time, he (hall and will exprels the
Caufe of the Commitment orReftraint, either ge*
neral or fpecial ; and upon a Caufe fo exprefled,
will leave him immediately to be tried according
[0 the Common Law of this Land.'
The Conference being agreed on, the Archbifhop
of Cantit-bwy began it with this fliott Speech,
GenikmtH
0/ E N G L A N D. 75 ^
Gentlemen ef the H^fft e/Cmimm, *^\i^"^^
THE Service of the King and Safety of the
Kingdom, do call upon my Lo/ds to givcT'ic Archbiftop
all convenient Expedition, to difpatch fome of the Sp^il'ti^Jh^ '
freat and weighty Bufineilea that are before us.CoafcRacc
'or- the better effecting whereof my Lords have
thought fit to let you know, that they do, in gene- ~
ral, agree with you ; and doubt not but you will
agr^ wit]) qs, to the bcft of your Powers, to main-
tain and llippoi t the fundanienlal Laws of the King-
dom, andihefiindatnental Libeniesof ihcSubjedl:
For the Paiticulars, which may hereafter fall into
Debate, ihey have given me in charge to let you
liRow, Th;u what luth been prefcnted by you un-
to their Lordfliips, ihey have laid nothing of it by ;
they are not out of Love with any Thing that you
have tendered unto them ; they have voted nothitig,
neither ate tbey in Love with any Thing proceed-
ing from themfelves: For that which we (hail fay
and propofe, is out of Intendment to invite you to
a mutual and free Conference ; that you with Con-
fidence may come to us, and we with Confidence
may fpeak with you ; fo that we may come to a
CoDclufion of thole Things which we both unani-
raoully defite.
' We have refolved of nothing, defigned nothing,
nor determined nothing; but deCre to take you
with us, praying Help from you, as you have done
from us.
* My Lords have thought of fome Propofitions,
which they have ordered to be read here, and iheil
left with you in Writing; That if it feem good to
you. we may uniformly concur for the Subllance ;
ani], if you difier. That you would be pleafed to
put out, add, alter, or diminifh, as you fliall
ibink fit ; that fo we may come the better to !his
End) which we do both fo deliroufly cmbiace.'
. The foregoing Propofitions were then re;id lo the
Commons, and, afterwards, the Archbifhop luld
tllttn, ftljal hid been before agreed on about add-
•y 6 The Tarliamsntarji H i s t o r r
An.4.Ch«!l«l 'riii or dimipifliing of them; lo which, one of
i6iS. ihc Committee, Sir Dudley Diggs, made this Rc-
plj.
My Lords,
SitDiJiejffiBi'i T "^ ^^^^ pleafed God, many Way;, to ble6 t
Bipiv. X ^nighu. Citizens, and BuigelTes, now a^
iembkd in Parliament, wilh great Comfort afflf
ftrong Hopes, That this will prove as happy a'l
Parliament as ever was in England. And, in theb^I
Coiifultations for the Service of his Majefty, amLV
the Safety of this Kingdom, ihefe fpecial Comfonotf
and Itrorg Hopes have rifen from the continued |
ftocid Rel'pedl, which your Lordfliips, fo nobljtl I
irom Time to Time, have been pleafed to fiiev? |
unto ihem; particularly at this prefent, irt yoiff
lb honouraljle Profcfiions to agree with them in g^
nersl; and deliring lo maintain and fupport the
fundamental Laws and Liberties of England. '
' The Commons liave commanded me, in likl^
Sort, to afTure your Lordfliips they have been, arc,-
aiid will be, as ready to propugn the juft Preroga-l'
tive of his Majefty ; of which, Ml" all their ArguJ
mencs. Searches of Records, and Refolutions, they
have been moil careful; according to that which'
formerly was, and now again is, proleftcd by
them.
* Another noble Argument of your honourable
Difpofition towards them is exprefled in this ; That'
vou are pleafed to expedt no prefent Anfwer'
from them, who are, as your Lordfliips, in your
great Wifdoms, no Doubt, have confidered, i
great Body that muft advife upon nil new Propo-
iiiions; and refolve upon them, before they can
give Anfwer, according to the antient Order of
their Houfe. But, it is m^nifeft, in general, (God
he ihaniced for it) there is a great Concurrence of"
Aifcflion to the fsme End in both Houfes; and'
fiich good Hai monyj that I intreat your Lordfhips
Leave 10 borfow a Comparifon from Natifre, of
NatufiilPhitorbphy : As two Lutes, well flrung
and timed, brought tOivcrhcr; if one be plaveiion,'
Of EN GLAND. 77
litlWStrav?s or Sticks will ftir upon the other, tho'Aii.4.Chtrieii.
it lycftill ; fo though we have no Power to reply, «6»«*
yet thefe Things, faid and propounded, cannot but
work in our Hearts; and we will faithfully report
tbefe Pailages to our Houfe, from whence, in due
Tinx^, wS hope, your Lordfhips fhall receive a
cpaten'tful Anfwer* ,'
' i'
However, the Commons were not fatisfied
witlj thefe Propofitiop^ which were conceived to
dhoak the Petition of lUght, then under Confidera-
tidtt } t>ut demurred upon them.
This great AflTair ftood thus, between the two
Houfes,. tiUu^/Vthe 28th, when the King came
to the Houle of Lords, and^ fending for the Speaker,
with the Commons to attend him, he faid, ^ My
^ Lords, 1 have given Commandment to my Lord-
* Keeper to fpeak fomewhat unto you, in my
*, Names trufiing to his Voice rather than my
* own/
The" Lord-Keeper, having fir ft conferred with
hisMajefty, fpake as follows.
My Lords^ and ye the Knights^ Citizens^ and
Bftrgejfh of the Houfe of Commons^
* TTE cannot but remember the great and im-T'ne Rjn.'s
"* X portant Affairs, concerning the Safety Speech b\* the
* bodi of State and Religion, declared firft from i->r<i Keeper, <!--
• bis Majcfty;8 own Mouth, to be the Caufes of ^"^f jj;;;*';;^'
* not, but it doth fo) with you ; fince the Danger
y Jncreafeth every Day, both by Effluxion of Time,
^-an^ Preparations of the Enemy.
• Yct-liisMajefty doth well weigh, that this
*^E3cpencc of Time hath been occanoned by the
* ^fj>ate, which hath arifen in both Houfes,
'•pouching- the Liberty of the Subjeft; in which,
*--as \fR Majefty takes in good part the Purpofe and
* ' Intem4>f the Houfes, fo clearly and frequently
* pitfeiledy thai they would not dirriiniib oc ble-
milb
78 The ^Parliamentary History
A«.4.cli.»lnJ-' miflihisjuil Prerogativej Co he prefiimes, thai
•*">■ ' ye will all confels it a Point of exiraordjnary
* Grace and juflice in him, to fuffer it to reft fo
* long in Difpute without lolcrrupuon. But now
* his Majefty, confidering the Length of Time
' which it haih already taken ; and fearing nothing
* fo much, as any future Lofs of that whereof evo*
• ' ry Hour and Minute is fo precious; and fore- ;
. * feeing that tlie ordinary Way of Debate, though _
' never fo carefully hufbanded, yet, in regard of' j
' ' ihe Form of both Houfes, ncceilarily takes more
' Time than the Affairs o{ Cbriflendom can per-'
' mit: His Majefly, out of his great and princely
' Care, hath thought of this Expedient to iboriea'
I ' the Bufinefs, hy declaring the Clearnefs of hit
I ' own Heart and Intention : And therefore hath
' commanded me lo let you know, That he held-'
. ' €th the&tatutt e/" Magna Charta, and the athtr
' ^ix &tatutei infifted vpon fcr tht Sutje^s Liberty,
* to be all in Farce ; and affures you, that he ivUl
' maintain all hit Subieifi in thejujl Freedom cf their
* Perfons, and Safety tf their Ejlstes; and that he
' will govern aticrding to the Laws and Statutes ef
' this Realm; and that you Jball find as muchSetu-
h' rity in his Mojejiy's Royal fVord and Promfi, at
' in the Strength of any Law ye can mate ; ft that
' hertaftir je Jbali never have Caufe la tsmpkin.
' The Concluiion is. Thai his Majefty praycth
' God, who hsih hitherto bleffed this Kingdom,
' and put it into his Heart to come to you this Day,
' 10 make the Succefs happy both to King and Peo-
P* pie: And therefore he deftres, that no Doubt or
* Diftruft may poQefs any Man, but that ye wiJI
* all proceed unanimously to his Buliaels.'
This (hori Speech being ended, his Majefty de-
l)-iuir iherctm, pajied ; and the Lord- Keeper ordered, that a Co-
ihU» Common.. pj, ^^ jj (hould be lent to the Commons.
^^^ After the Reiurn of thai Body to their owq
^^H Houfe, Rtijhworlh inrormi us that Mr. Secretary
H^B Ciok made a Speech, in order to perfuade them to
"- comply with the King's Defiies. But there is no-
thi^s
Of ENGLAND.
79
thing of it in tbeir ysarw/;, nor of ihe cnfuingAn.+ cw«l-
Debate upon it. i6»8.
■nic Secretary faid. ' His Majcily puts us in
Mind of [he great and important Ai^irs of ihc
State, and of his Senfe thereof, that by Effluxion
of Time increafeth in him ; and he douij» not but
that it doth increafe in us. Ye Ice hij Majefly's
Moderation in the Interpretation of all our Ani-
ons ; he faiih. That he hopes we have the fame
Senfe he hath of the Expencc of Time, that grew
from the Debates in both Houfes. We fee how
indulgent he is, that however the Affairs of Chrif-
undem i'St great, yet he omits not this; nay, he
takes in good Part our Proceedings, and our Decla-
rations ihat we will not impeach the Prerogative:
Alfo his Majefty prefumea that we will confcfs,
tbat he hath ufed extraordinary Grace, in that he
hath endured Difpute fo long ; yet he acknow-
Icdgeth it Juftice to ftand as we have done.
' However, out of a princely Regard to the
Public, he is careful no more Time be loft ; and
(becaufe he fees fome extraordinary Courfc muft be
taken) tofatisfyusjieobfcrves, that in the Form of
the J5tka.it, fuch a Length is required, as the urgent
Nature of his Bulinefs will notpoflibly endure. It
is to be prefumcd, that his Government will he
according to the Laws: We'cannol but remember
what his Father f^id. He is na King, but a Tyrant^
thai gevirm nst by Law, but this Kingdcm ts to
be governed by ihe Common Law, and his Ma-
jefty affures us fo much ; the Interpretation is left
to the Judges, and to his great Council, and all is
to be regulated by the Common Law : I mean not
Magna Charta only, for ihat Magna Charta was
Part of the Common Law, and the antient Law
of this Kingdom ; all our DifiVrencc is in Ihe Ap-
pltnuon of this Law ; and how this Law, with
Diflcrence, is derived into every Court. I con-
.ceive iberc ?rc two Rules, the one of Brafs. that h
itgid, and will not bend, and that is the Law of
ahc King'i Btnch ; this Law will not bend ; and
wbcn il lights on Subjects fittir.g, if it donolbend,
^™ 80 TbeT^r/iamefitaryUisrosiY
Aa.4 c%3rieii,it IS uojuft : And there comes in the Law of Chant
1618, eery and Equiiyj this is Application of Law in
private Men's Caufn. when it comes to Maim W
7uuM. And thusihegencial Government of Gafci,
with relation to ihe common State of the King-
dom, is from the Council-Boardj and [here they
may vary from the Law of the Kingdom: Sup-
pofe it be in Time of Dearth, any Man's Good^,
may, in that Time, be forced, and be brought lo^;
the Market : We faw the Experitnce of it in Co^,
in hndanf when the Council-Board caufed them m,
be brought forth and fold. In a Time of Pefti-
lence Men may be reftrained : If a Schifm be likCj
to grow in a Church, the State will inquire after.
the Fivourers of it : If there be fear of Invafion,,
and it be encouraged by Hope of a Party amon^
u?, it Is in the Power of Government to reftrain.
Men to their Houfcs,
' In the Compofure of ihefc Things, there is
ycit Difference : What Differences have been be-
iwecn the Courts of Chancery and Ki;t^'s Bench}
It is hard to put true Difference between the King's
Prerogative and our Liberties. His Majelly faw
Expence of Time would be prejudicial. It pleafed
^^^ God to move his Majefty, by a Divine Hand, to
H^B ihew us a Way to clear all our Difficulties ; let us
^|H attend to all the Parts of it ; there be five Degrees ;
^^V and there is more Affiirance than we could have
I by any Law whatfoever. His Majefty -declares,
I , That Magna Ghana and the other Statutes are in
' Force. This is not the firft Time that the Liberty
of the Subjeft was infringed, or was in Debate and
1 confirmed. All Times thought it iafe, that when
' they came to a Negative of Power, it was hard to
Ekeep Government and Liberty together : Yet his
Majefty flopped not there ; but, according to ch*
Senfe of thefe Laws, That he will govern his Sub-
iefls in their juft Liberties; he aflures us our Li-
berties are juft; they are not of Grace, but of
Right; nay, he allares us, he will govern us ac-
cording to the Laws of the Realm, and that wc
Ql^li^u DiuchSKudt; in bis Majeff}''s Pro-
' 11 ' ' ' \ .^^*
1
0/ E N G L A N D. 8i
mife, as in any Law we can malre; and whatfo^An. 4.
ever Law we iliall make, it mull come to his Ma-
jefty's Allowance ; and if his Majefty find Cnufe
in hia Government, he need not put Life to it:
Wc daily lee all Laws are broken, and ail Laws
will be broken for the Public Good ; and the King
may pardon all Offenders; his Majeily did fee,
Ihal ihe beft Way to fettle all at Unity, b to cx-
prefs his own Heart : The King's Heart is the bell
Guider of his own Promife, his Promife is bound
with his own Heart. What Prince can expreft
more Care and Wifdom?
* Laftly, he faith, That hereafter ye Oiall never
have the like Caufe to complain : May we not
tiiink the Breach is made up ? Is not his Majefty
engaged in his Royal Word ? '
* The Conclufion is full of Weight : And he'
prays God, that as God haih blefled this King-i|
dom, and put it into his Heart to comeamongft<
us, fo to make this Day fuccefsful. The TVrath jf
a King is Hie th Rearing of a Lien, and all Laws,J
with his Wrath, are of nu Effect ; but Ihe King'i^
J^vaur is Hie Ihe Dt-jj vfin the Grafs, there all wiU^
profper ; and may God make him the InHTumeoCtl
to unite all our Hearts. V
* His Majefty having thus difcharged himfeif,!
he prays us to proceed to the Butinefsthat foinuchr
concerns him. As hia Majefty haih now (hew
himfelf the beft of Kings, let us acknowledge 1
Majefty's Goodnefs, and return to itat UnieaJ|
which wc all defiied.'
To this Motion Sir Benjamin Rudyard replied ('f)«4
Mr. Speaker,
WE are now upon a Bufinefs of great IiB- J
portance, and the Manner of handling it'l
may be as great as even the Bufinefs itfelf. Liberty 1
IS a precious Thing, for eveiy Man may fet hi»l
Vot. VIIL F owi»|
ij) ftrm » Minofcripl in the Hirrryum Lihtey. There ii in'ij
but fi'ttc Pjl*G"f hi arc ihtr* Dtnittcji.
CiaditU
S a The 'Varliafieptary H i s to |v,t
Ai).4.clwtc«lTriceupon it; and he that doth not value it, i|
ifa>. fen'Ci to be valued accordingly.
' For my own Part* 1 am clear wiihout Scrudl
that, wiiat we have refolved is according to La^
and if any Judge in England wcrs of a contrail
Opinion, I am lure we ftiould have heard of hn
before now. Out of all Queition the very PoittT
the Scope and Drift, of Magna Chaita was, to r3
fiuce the Regal to a Legal Power in Matters oflni-"
prifonment ; or elle ii had not been worth fo rnuch^,'
contending for. '' -
' But there have been Precedents brought io}
prove the Prailtice and interpretation of the Lawl^
i confels I have heard many Precedents of Utility'
and Rclpeft, butnoncat allofTruth, otofLaW:'
Certainly there is no Court of Juftice in Englandt
that will difcharge a Prifoner committed by tho
King, Rtgs inconfiilts, i. e. without acquainting
the King ; yet this good Manners was never made,
or mentioned, as a legal Pari of the Delivery.
' It isobjeif^ed, that the King ought to have a
'I'rutl left and repofed in him ; God forbid, but he
fhculd : And I hope it is impoflible to take it from
Mm ; for it lies not in the Wit of Man to devife
fuch a Law, as fti.iU be able to comprehend ail Par-
liculars, all Accidents, but that extraordinary
Cafes muft happen ; which when they come, if
ihey be conducted for the common Good, there
will be no Law agatnft them; yet muit the Law
be general, for otherwife Admiflions aftd Excepti-
ons will 'ret and eat out the Law to nothing.
God himfeif li.ith condituied a general Law of
Nature lo govern the ordinary Coutfe of Things ;
bur he hath made no Laws for Miracles: Yet there
is this Obfervaiioii of i!:em, that they are rather
prater Naiuram than comra Katuram, and alwayi
prspur bstiBs Fmei i fo likewiie the King's Prero-
gatives arc rather befide the Law rhan againlt it ;
and when they are direflcd to right Ends fur the
public Good, they are iwi only concurring Laws,
but even Laws of Singularity and Exallency.
' But
■■ '0/ E N G L A N D. 8j
^ But to come nearer, Mr. Speaker, let us con-An, t-Chirfrf
fidcr where we are now; and what Steps we have ''**■
gone and gained .■ The King's learned Coiinfel
have acknowledged a!! the Laws to be fl ill in Force j
the Judges have difal lowed any Judgment againft
thefe Laws; the Lords alfo have confelled that
the Lawg are in full Strength j they have furiher
relained our Refblutions entire, and without Preju-
dice: Ali this, hitherto, is for our Advaiu-igci
but above all, his Majefty himfeU, being publicklj'
prerent, hath this Day declared, by the Mouth of
my Lord-Keeper, before both Houfes, Thai Mag-
na Cbaria, and the other fix Sratutes are yet in
Foice; that he will .maintain his Subjedls in the
Liberty of their Perfons, and (he Properiy of their
Goods i and that he will govern according to the
Laws of this Kingdom. This is a folemn and;
binding Saiisfaiaion, exprefling his gracious Readi-
nefs to comply with his People in all chelr reafona- ,
ble and juft Defires.
' The King is a good Man, and it is no Dimi-
nution to him to be called fo ; for, whofoever is
a good Man, (hall be greater than a King that is
not lb-
* The King, certainly, is exceeding tender or
his piefent Honour and of his Fame hereafter; he.
will think it hard to have a worfe Mark fet upon'
liim, and his Government, than any of his An- ■
ceftors hj extraordinary Reftraints : His Majefty i
haih already intimated unto us, by a Mellage, That
he doth willingly give Way to have the Abule ot , '
Power reformed J by which, I do verily believe; ;
that he doth very well underftand what a miferaWe.
Powff it is, which hath produced lb much Weak.- ,"
nets to himfelf and lo the Kingdom ; and it Is our .
H'appintfs that he is fo forward to redrefs ir.
' For my own Part, I (hall be very glad to fee' ,
that good, old, decrepid Law oi Magno Chart a^
which haih been fo long kt^t in and lain bed-rid aa' .
it Were; I flioiild be gl.id, I fay, to fee it walk a- "
broad again, with new Vigour and Luftre, attended
F 2 by
1
;wiu
^84 The'P^rliamcmaryHx^rofij
An,4.Ch«k»).by the Other fix Slaiutes. For, queftionlet, it
**?!• be a general Heartping to all.
' I doubt not, but, by a free Conference with
the Lords, we (hall happily fall upon a fair and fit
Accommodation, concerning the Liberty of our
Perfons and Property of our Goods.
' I hope we (hall have a Bill 10 agree in the Point
againft Imprilbnmenc for Loans, or Privy-Seals j
but as for imrinfical Power, and Reafons of State,
Ihey are Matters in the Clouds ; where I defirewe
may leave them, and not meddle In them at all ;
ieart, by way of Admittance, we may loofe fome*
yfh&i of that which is our Own already. Yet thjs,
by the Way, I will fayofRcafon of State, ihi,
in the Latitude it is ufed, it haih eaten out almoft
not only all the Laws, but all the Religion of
Chrijhndnm. Now, Mr. Speaker, 1 will only re-
member you of one Precept, and that of the wifeft
Man ; Be nat vuer-wifi, he not nver-jujl ; and he ci-
ted his Reafon, For why v/dt thu be dejhlau. Sir,
i,f Juflice and Wifdoni (nay he ftretched to Defo-
Uiion. let us thereby learn, ihal Moderation is the
Viriuc of Virtues, and ;he Wifdom of Wifdonu.
' Let it be our M.ifterpiece fo to carry our Bu-
Ifnefs, as we may keep Parliaments on Foot j for,
as.long as they are lri:queni, there will be no irre-
-pilarPpwerj whifh, though it cannot be broken
at once, ytt, in afhorl time, will be made weaker
i^rid moulder jway. There cm be no total and fi-
lial Lofs of Liberiy, but by Lofs of Patliapients ?
■ fur as long as iheylift, what we cannot get at oiie
TTiOKt we may get at another.
'i * Let no Man think that what I have faid is the
, 'jtsnguage of a private End. My Aim is only for
ihegood Succcft of the Whole; fur, 1 thank God,
my Mind ft^nds above any Fortune that is to jjc
go'tKn by bafe or unworthy Means.
' No Man is bound 10 be rich, or great ; no,
nor '.o be wife : Buteserv Man is bound to he hb-
nelt. Ojt of my HSrt 1 have fpokcn.'
■ Upon
0/ e; N G L A N D. 8j 1
Upon this Debate it was ordered, Thai a Ccm- AB.4. Onrlnf,
Diittee of Lawyers do draw a Bill, conuiniog the '***-
Subtiance of magna Chart a, iad the other Sia-j\ Bi]jj,nj,„ji,
lutes that do concern the Liberty of tlie Subjcft : /orfteuting ihe
Which Bufinefs loolc up two whole Days. ^^"a "^ ''"
OftheSpeechesin thisDebate wemectwithon- " ^' "
ly the two followingt viz.. Mr. HachuilTs and
Mr. Mafitt\hOi\x of Lincolnl-lnn (rj. Mc. Bak- *'»*'*'""'"'■
wiU fpoke as follows.
Mr. Speaker,
T Chofe rather to difcover my Weaknefs by Speak-
I itig, than to betray my Confcience by Silence:
My Opinion is, That we ihall do well totally to
omit our ReibluCions out of this Bill (j), and rfly> '
only upon a Confirmation of the Laws. 1
' The Objeiflions made againlt this Opinion are, J
two.
* Tbo/i>/? is, That we (hall thereby 1
from our own Refolulions.
* The Srtwrf, That, by a bare Confirmations
ihe old Laws, without the inferiing of our Relo-i
lurions, by way of Explanation, we {hall be but
in the fame Cafe as before.
* For ihe Fir^, That iliough we defire only* .
Confirmation, without adding of our Rcfolutiona,-- ;
we do not ihereby recede from our Refolutions, 'I
reafonthui:
* Our Refolutions were drawn out of the Senfe of
thofe Laws, which are now defiredtobe confirmed 1 1
fo that no Queftion can be made by any of us, that
have thusdeclaredourfelves, but that ourRefoIutions
an virtually contained in ihole Laws ; if ihar be To, < '
^ow can our Acceptance of a Confirmation of
Ihofe Laws be a Departure from our Refolutions ?
'Nay, rather, I think Ihe contrary is true i He,'
who doubts, that, by Confirmation of thefe Lawia^:
our Rerolutions atenot hereby confirmed, doubtijJ
whether we have juftly deduced our Refulutionw 1
F 3 out
■ fi-J Not io Rafivmii. Tiltcn ficini the EfbemirU, cotnpjrei -
ir4 correflHl kj Th; Minufctipi..
[<) See Vol. VU. p. 407.
^^ 8^' ThfTarliametitaryHiiro^Y
An.4.Cl>irkii.oul of tV.ofe Laws i and fo ca\ls our Refolution*
iSiS. into Queftion.
' This Argument alone, is, in my Opinion*
^ij^ a full Anfwer lo that firft Objcdllon, that, in de-
H^r firing of a bare Confirmation of Uiofe Laws, we
^^BP depait from our Refolutions.
^^* * The fccond Obje^ion is, That, if we have
nothing but a Confirmation, wc ate in no better
Cafe than we were before thefe late Violations of
the Law,
* This I deny; and do confidenUy affirm, That,
although we have no more tlian a Confirmatiotl
of thofe Laws, which are recited in the Bill that is
I now before us, we {hall depart hence in far better
Cafe than we came ; and that in divers Refpefts, >
' Firii, Some of the Laws recited in thrs Bill*
and defired to be confirmed, are not printed Lawst
L ' they are known lo few Profeflbrs of the Law, and
r much lefs to others ; and yet they are Lawa of as
I great Confequence to the Liberty of the Subjeft,
if not of greater, than any that are printed ; as
namely, 25. Edward l\l. N, 1. That Loans, a-
gainft the Will of the Lender, are againft Reafon
and the Freedom of the Realm; and 36. Edw. IIL
N. g. By which Imprilcnmeiiis by Ipecial Com-
mandment, without due Procels, are forbidden.
Thefe two are not printed.
' That excellent Law, De lallagia nen ceiict-
dtndo, in Print, hath, in a public Court, been
fiid by a great Counfellor to be but a Charter, and
no Law.
^^^ ' TheS^aiutc, i.Rifi.IIf. againft Benevolences
^^^B is, by fome Opinions in Print, an ablolute Law, If
^^V we can get all thefe good Laws, belides thole Jix
^^^ others, whichare Expofiticnsof ^o/^id 6'Aartflin.
the Point of ihe Freedom of our Perlbns, to be
L confirmed, and put in one I-aw to the eafy View
of all Men, is notour Cafe far better Uian whea
we came hither ?
' SecsnJly, Will not the Occalion of the making
of this Law of Confitmaiion, lij no.orioufly known,
-
K
Of ENGLAND. 87 ^
be iranrmilled to all Pofterity? Certainly it wiIiAB.4.Ch(tl(sl-
never be forgoitcn. That ihe Occafion thereof '***-
was the Imprilbnment of tho(e worthy Gentlemen
for not lending; and the Refolution in the Court
of King's Bench of denying lo bail ihcm: And is
not the Occafion of the making of a Law a good
Ruletoexpound it? Iffo, then, by giving a Con-
firmation, upon ihis Occafion, we have bettered
our Cafe very much.
' Thirdly, Have not the Judges in (he ^Tifi
Btnch, in open Parliament, upon our Complaint,
difcliimed to have given any Judgment in the
Point? Which, generally belone, by the Pariia-
ment was otberwife conceived ; for now they fay.
It was but an Award and no Judgment (/): Will
fuch a notorious A41, upon fo important an Occa-
fion, and in fo public a Place, be quickly forgot-
ten ? Nay, Will not the Memory of it for ever
remain upon Record ? Is not our Cafe then much
belter than when wc came hither.
' Fourthly, Will not the Refolijtion of thisHoufe,
ani all our Arguments and Realbns againft Impri-
fonment without a Caufe exprelled, (which, no
Doubt, by the Courfc wc have taken, will be tranf-
ferred lo Pofterity,) be a great Means to Hiy any
Judgje hereafter from declaring any Judgment to the
conirary ; and efpecially if there be a Likelihood of
the Meeting of a Parliament? Is not our Cafe in
this very much amended?
* Lajily, Have not we received Propolitions
from the Lords, wherein, amongit other Things,
they decUred, That ihey are not out of Love with
ocr Proceeding! ? Is not this a great Strengthening
to it? But, after fo long Debate amongll them a-
boui it, they cannot rake any juft Exception to it;
And doih not tliis alio much amend our Cafe ? .1
' From all tliefe Realbns, I conclude, That lbs J
ftcond Objeftion, that by 3 Confirmation we aw 1
in no better Cale than when we came together, il i
alfo a weak Obiedlion. J.
* NowJ
\f) &€ b.fl«, p. 3,
Aii,4.ck>[ici I, ' Now, for Realbns to move us to proceed id
****■ this Courfe of accepting a Confirniacion ; /»7?,
Wc have his Majefty's gracious Promife to yield td
■ a Copfirmation of ihe old Laws, from which we
^^^H may leil moCt aflured he will not depart : If we
^^H tender htm, withall, oui Refoluiiojis to be enadled,
^^H we have Caufe to doubt that wc Qiall lofe both the
' one and the other. And,
' Second^t We are no lefs afliired of the Lords
I joining with us ; for, in their Propofitions lent to
^^H^ US, they have delivered themfelves to that Purpofe:
^^H This is then a fecun: Way of getting fomewhat of
^^^1 great Advantage to us, as we have great HopcSi
^^H and, in a Manner, Aflijrance on this Side: So, on
^^^P the other Side, we have great Doubis and Fears,
^^H that by offering our Refolutions to be enaded, we
^y (hall lofe
^^^ ' For, Fiijl, We have had already Experience
oF the Lords, that they arc not very forward to
join with us in a Declaration of our Refolurions to
^^^ be Law. If they Humble at a Declaration, much
^^L more will they in yielding to make a Law in the
^^H lame Point.
^^V ' And, have we not much more Caufe to doubt
^^^ that his Majefty will not yield unto it, feeing it
touchcth him lb near ? Is it not the Notice of hij
Pleafure that hath wrought thus with the Lords?
* If we (hould clog the Bill wifh our Refolutions*
\, and it (hould be rejected by the Lords, or by the.
King, arc not our Refolutions much weakened by it f
And ate wc not then in far worfe Cale than before
we made them ? And if they refohe to rejefl our
Refolutions, will it not lend to a Juftilication of
all that hath been done againll us in this great Point
of our LibcttyJ
,* LeI us then, like wife Men, conform out
Defires to onr Hopes, and guide our Hopes by Pro-
babilities; for other Defires, and other Hopes are
but yain.
". * This is my poor Opinion in this weighty Bu-
.Xuiefs'
; " Then
f
r
O/ E N G L A N D. ^ V
Then Mr. >/(ytf« Hood up and fpoke as follows: *»■* Ci'^Ai-
A/r. Speaktr,
I Am of Opinion, that in our Proceedings in the
Matter now in Debate, we fhould make Ufcof
the Title of a Statute, called Cirtum/pe^e agalii j
for it concerns ihe Liberty of our Pcrfons, without
which we do not enjoy our Lives.
* ThcQueftion is, Whether in this Bill, for the
Ejipbnation of Mjgna Charta, and the reft of the
Statutes, we fhall provide that the Caufe of the
Commitment mull be cxpreficd upon the Com-
mitment, or upon the Return of the Hahcas C:r-
pusf
' Before I fpeak to the Queftion itfclf, I fliall
propofe fome Obfervarions, in my Conceit, neccf-
larily conducing to the Debate of the Matter.
I. * That we ought to take Care to provide for
Pofterity, as our PredecefTors have done for us ; and
that this provident Care cannot be expounded to
be any Diftruft of the Performance of his Majefty's
gracious Declaration j this Aft providing for Perpe-
tuity, to which his Highnefs's Promife, uolefs it
were by Aft of Parliament, cannot extend,
1. ' That we h.iving long debated, and folemnly
refolved, our Rights and Privileges by virtue of thcle
Statutes; if we, now, (hall reduce ihofc Decla-
Wiona and thofeRefolutions into one Aft, We muft
■•TCr hereafter expefl to be confined within the
[.Sounds of that Aift ; it being made, at our Suit,
lObe the Limits of the Prerogative in that refpedt ;
and it being an Aft of Explanation, which ftial!
receive no further Explanation than itfelf contains.
" 3. ' That by this Aft we muft provide a Re-
medy againft the Pcrfons which detain us in Pii-
(bn, for as to the Commander there can be no-
thing certain.
* Concerning the Queftion iifclf : It haih been
(blemnly and clearly refolved by the Houfe, That
the Commitment of a Freeman, without exptef-
fing the Caufe at the Time of ihe Commi[nicnt,
■ ■ ' j)0 The Tiir/iattienltiry ytisroKY
An.^.Cliiritil, isap'nft ihe Law. Tf, by [his flfl of Explanation,'
ifiii. we fh.ill provide only ihii ihe Caufe ought to be
Iexprelled upon Llie Return of the Habeet Csrpui%
Ihen, out of the Wordis of the Statute, it will n#* ^
ctllaiily be infened, that before the Return of thSl
Hattas Co'pus the Caufe need not to be expie0e<^1
becaufe (he Statute hath appointed the Timcof thi* T
ExpreiTion of the Caufe j and it will be conftrued"»
that if the Makers of the Statutes had intended)
that the Caufe iliould have been tboncr IhewnJ
they would have provided for it by the Ail ; anf
Ihen the Aft, which we term an Adi of Explana-
tion, would be an Afl for the abridging of AlaggJ^
: , Charta and the reft of the Statutes : Or, if this Aflf
do not maice the Commitment wiihout expreffingi
the Ciufe to be hwful, yet it will clearly amour#
to a Toleration of the Commitment, without cxi' ;
prcfling the Caufe uniill the Return of the Habea^
Carpus i or be a general or perpetual DifpenfaCion?
beginning with, and coniinuing as long as the LaT,vi
kfelf. And, in my Uuderftaudiiig, the Words of.
this intended Law, (that no Freeman ought to be
committed wiihout CaufeJ can noways advantage
IiM, or fatiafy this Objeflion ; for, till the Return of
the Habeas Corpus^ he that commiis is Judge of
the Caufe. or at leall haih a Licenfe, by this Law,-
till that Time to conceal the Caufe; and iheGoaler
is not fubjed to any Aflion for the detaining of
the Prifoner upon fuch Comninnd ; for if the Pri--
foner demand the Caufe of his Commitment of the-
Goaler, it will be a fafe Anfwer for him to fay*'
that he detains the Prifoner by Warrant, and that ll'
belongs not unto him to defire tliofe who commit-
the Prifoner to fliew the Caufe, untill he returns'
the Habiis Corpus ; and if the Prifoner be a Suitor
to^now the Csufc from thole that committed him,
it will be a fufficient Anfwer for them to fay, they"
■will cxprcl's the Caufe at the Refjrn of the Hdhttls
Corpus. In this Cafe there will be 3 Wrong, be-
caul'e iheCommiiment is wiihout Caufe expreiled;'
ai-.dorie ilut lijd'ers that Wrong, viz. the Party'
r
0/ E N G L A N D. pi ^
imprifooed; and yet no furliWiong-doerbut may An.+.Chiti«i.
excufe, if not juftify himfelf, by this Law. ■'**•
' In making of Laws we muft confider the In-
conveniences which may enfuci and provide for Ihe
Preventionof ihem, Ltxtaveat de futurii. \ have
taken into my Thoughts fame few Inconveniences,
which I fhall expofe lo your Confiderations ; not
imagining that ihefecan happen in ihe Time of our
prefent gracious Sovereign ; but, in Afls of Parlia-
nien[> we muft provide for the Prevention of all
fcconveniences in future Times.
t. * If a Man be in Danger to be imprifoncd in
the Beginning of a long Vacation, for refiiiing to
pay fome fmai! Sum of Money ; and knows that,
by this Afl-, he can have no Enlargement till the
Return of the HaUai Corpus in the Term ; and
that ibe Charge of his being in Prifon, and of his
Enlargement by Habeas Corpus, will amount lo
more than Ihe Sum, he will part with Money to
prevent his Imprifonmenl, or to redeem himfelf
tbence ; becaufc he cannot fay any Man doth him
Wrong, until! the Return of the Habeas Corpus ;
and the Law refolves a Man will pay a Fine rather
than be imprifoned ; for the Judgment which is
given when one is fined, is ideo capiatur, and the
higheft Execution for Debt is a Capias ad faris/ati-
fndum, the Law prefuming any Man will part with
his Money to gain his Liberty : And if the Priioncr
procure an Habeas Corpus, and he brought into the
IGtig's Binch by virtue of it, yet the Caule need
not to be tien exprelTed ; the Provifion of this Law
being, that if no Caufe he then cKprefled, he Iha!)
be bailed.' And no Caufe being (hewn upon the.
Return of the Habeas Corpus^ yet it may be pre-
tended, that, at the Time of his Commitment,
there were ftrong Prefumpiions of fome great Of-
fence i but, upon farther Examination, they are
cleatcd: Or it may be laid, that the Offence was
of ihat Nature, that the Time of his Imprifon-
mcnt, before the Return of ihe Habeas Corpm,
was ii fuffiuieni FUnilhraent ; So we may be fre-
quently
^a The'Parliammtary Histort
A«.4''^*'lc< >- quentl^ imprifoned in this Manner, and never
*'»*■ dcrftand the Caul'e ; and have oflen fuch Putii
mems, and have no Means to jutlify ourrelvdi"
And for ^1 ilicl'c Proceedings this very Law will b«
[he JuHification, or Colour.
2. * If by this Aft there i>e a Toleration of Im-
prifoonient, without (hewing Caufe until! tha
Reiurn of the Habeas Corput \ yet it b poflible to
sccompny thiit Imprifonment with fuch Circum-
fiances of clofe Rcflraint, and others which 1 for-
bear toexprefs,as may make an Imprifontnent, for
that (hort Time, as great a PuniQiment, as a per-
petual Imprifdnmeni in the ordinary Manner.
3- ' The Party may be imprifoned a long Time
before he fliali come lo be delivered by this Law %
the Place of his Imprifonmcnt may be in the f-jr-
tiieft Parts of this Kingdom; the Judgei always
make the Return of the Hibeui Ccrpui anfwcrab]e
to the Diftance of thu Piifon from Wtflminfier ;
the Goalcr may negleft the Return of the firft
Procefs, and then the Party muft procure an akai%
the Goajer may be then in fome other Employ-
ment for the King, and excule the not returning
the Body upon that Procels; and this may maka
the Imprifonmenl for a Year j and, in the End,
no Caufc being returned, the Party may be dif-
charged : But in the mean time be Ihall have filf-
fered Impriionment ; he (hall never know the
Caufe ; he (hall have no Remedy for it j nor b«
able to que(l:ion any for Injuftice, whicli have not
a Juftiiication, or Excule by this Law.
4. ' The Party may be imprifoned during hu'
Life, and yet there fliail be no Caufe ever (hewm
I will inflance in this Manner. A Man may bp
committed to the fartheft Part of the Kingdom
Weftward i be obtains sa Habeas Csrpuii before
ibc Goaler receives the Habeas Carpus, or before
^^ he returns it, the Prtfoner by Warrant is removed
^L from that Prifun to another, it may be llie furtheft
^H Northern Part of the Realm; the firft Goaler re-
^H turns the fpa'ial N/Jaiter, wliich will be fufiicient
I
3
0/ E N G I. A N D. p}
to frcehimrelf; and, in like Manner the Prifoner*"-*-*^'"''"''
may be iranflaied from one Prifon to another, and '***'
his whole Life (hall be a Peregrinalion, or way-
fairkig from one Goal [o anoiher ; yet he (hall ne-
ver know the Caufe, nor be able to complain of any
who cannot defend their Aflions by this Bit!.
5. ' If the Prifoner be brought into the Court
by Habeas Cerpui, and no Caufe expre(red, and
lliereupOQ he be enlarged, he may be prefently com-
mitted again -, and then his Enlargement (hail only
make Way for his Commitment, and iliis may
continue during his Life, and he fhall never know
ihc Caufe 1 and this not remedied, but rather per-
mitted by this A£t.
* And there are alfo many Things to beconfider-
ed in this Matter ; the Expence of the Party in
Prifon ; his Fees to the Goaler ; his Cofts in ob-
uining arW profecuiing an //ji/ai Corpus ; and his
Charges in removing himfelf, attended with fuch
as have the Charge of his Conduct ; and all this
the Prifoner muft (uftain without any Salisfaftion,
or knowing the Caule.
' The only Reafon given by ihofe of the other
Opinion, (That it is requilite rhe King and Coun-
cil (hcitild have Power to command the Detainer
of a Man in ftifon for fome Time, without ex-
prefling the Caufe) is, becaufe it is fuppofed that the
Manifeftation of the Cau!e, at fitit, may prevent'thc
Difcovery of a Treafon. The Reafon isanfwer-
ed by the Remedy propofed by this A£t ; it being
propofed, that it (hall be provided fay this Bill, that
upon cur Commitment, we may have inltantly Rc-
oourfc to the Chancery for an Habeas Csi-pm re-
turnable in that Court, which is always open, that
prefently upon the Receipt thereof, the Writ muft
be returned, and the Caufe thereupon cxprelled. If
then this Remedy be really intended, the Caufe of
Commitment muft preftnily appear j which con-
tradi& the former Reafon of State.
'And, in my Opinion, we ought not only to
lake Care thai the Subject fhould be delivered out
Of Prifon, but to prevent his Impjifonment ; the
t?4 'Th^ 'Par I lament (fry History
11,* Ch.tk! i.Staiute oi Magnn Charts, and the reft of the Afls,;'
lilt providing tliat no Man (hould be imprifoned buiby
the Law of the Land. And altho' ihe King or
Council, asichjth been objcded, by Might, may
commit us without Caule, noiwirhftanding any
Laws we can make ; yet I am fure, without fuch
an Aflof Parliament, fuch Commitment can have
no legal Colour ; and I would be loth we (hould
make a Law lo endanger ourfelves : For which
Reafons 1 conceive, that, there being fo many Ways
10 evade this A(5t, we (hall be in worre Cafe by it ;
than without it ; fince it provides no Remedy to
prevent our Imprifonment without expreffing the
Caufe to be lawful ; and adminifters Excufes for.'
continuing us in Prifon, as I have before declared ;
and thus, by providing for one Particular, out of
Rcafon of State, which potTibly may fall our in ari ;
Age or I wo, wc (hail fpring a Leak which may fink* ;
all our Libcriies; and open a Gap, thro' which
AJagna Charta, and the reft of the Statutes, may ,
ifliie out and vanifh. " _
' I therefore conclude, that, in my poor Under- ,
ftanding, (which I fubmit to better Judgment) I !
had rather depend upon our former Relblutions,''
and the King's gracious Declarations, than to pali' *
in Aft in fuch Manner as hath been propofed.' , '"j
May I. Mr. Secretary Cwf delivered to tlicHoufe'
the following Meflage from the King. ; I
Air. Sp£aker, 'i
he King's ' T Have a very fliort Meflage to deliver from his', '
ciTage to the ' J_ Majcltv, that (liews both his Royal Care to' ,
™T"w° 'a' ' ^ fighily underltood of this Houfe, and no left .
oDhiswotd. , ^,^^g lounderftand us in the beft Part j and, to-,,
' Ciew clearly it fliall not be his Fault if this be no^
* a happy Parliament, hisMajefty hath command-^':
' ed me todefircihis Houfeclearly lolethimknow,' ■
' Whether ihey will reft upon his Royal Word and
' Promife, made at feveral Times, and efpecially
' by my Lord- Keeper's Speech made in his
J
■<.
Of E N G ^, A N D; Pi
^ Prffejice J which, if they do» hcdoih aflUrc you, An-^-CKarje;
*; ihat it (hall be really and royally performed/ '^*^'
■ » . .
Upon this there was a Silence for fome Time.
Then Mr. Secretary Coot proceeded thus:
^ This Silence invites me to a further Speech, and
further to addrefs myfelf. Now we fee we muft
^ow. towards an Ifl'ue : For my Partj how conh-
dent I have been of the good Ifl'ue of this Parlia-
mentf I have certified in this Place, and elfewhere ;
a^ 1 am ftill confident therein. I know bis Ma*
jcfiy is refolved to do as much as ever King did for
his.SubjeAs: All this Debate hath grown out of a
Senfe of our Sufferings, and a Defire to make up.
again thofe Breaches that have been made*
. ^ Since this Parliament begun» hath there been ,
any DifpetKe made like that which hath former*
ly, been? When Means were denied his M^njeflyy
being a young King, and newly come to the
Qrown,. which he found engaged in a War, what
could we exped in fuch Necefliiics ? His Majefty
has called this Parliament to make up the Breach :
His Majefty affures us we ihall not have the like
Caufe to complain : He aflures us the Law (hail be
eftablifiied : What can we defire more ? Ail is, that we
provide for Pofterity, and that we do prevent the like
Suffering for the future. Were not the lame^Means
provided by them before us ? Can we do moj^e ?
We are come to the Liberty of the Subjects, and
Prerogative of the King ; I hope we (hall not add
any Thing toourfelves, to deprel's him. I will not
divine; yet I think we (hail findDifficulty herein with
the jibing, nay perhaps with the Lords: 1 ihall noit
deliver my Opinion as Counfellor to his Majeflvii
which. I will not juftify and &y here, or at tlie
C6^hpii-J3oard. Will we, in thisNeceflity, ft rive
to bring ourfelvcs into a better Cotidition, and
grc^tter Liberty, than our Fathers had, and the x
iA&j/ti imo 4 worfe than ever ? I dare not aJviie
his Majefty to admit of that. If this thai we nou-
defirtS tp be, be no Innovation, it is all coniain'cl iu
thdfe Aft? and Statatea; and whaitcKver rife we
^6 The 'Parliamentary HisTORr
All,.- 4- o-jrieti.will add morc, is aDiminuiion to ihe King's Power,
>6i8- and an Addition to our own. Wc deal with aj
wife and valiant Prince, that hath a Sword in hilh
Hand for our Good ; and thisGood is fupported by
Power. Do not think that, by Cafes of Law atn J
Debate, we can make that to be no Law ; which, iai
Experience, we every Day find neceflary, make*!
what Lsw you will. Government is a folidThing,*J
and mull be fupported for our Good.
' (u) Git-e me Leave freely to telt you, that ifl
know by Experience, that, by the Place I hold un-J
tier his Majefty, if I will difcharge the Doty of my'
Place, and the Oath I have taken to his Majefty, J
muft commit ; and neither exprefs iheCaufe to the'!
Goaler, nor lo ihe Judges, nor to any Counfellgr
in England, but to ihe King himlelf ; yet do noE
think I go without Ground or Reafon, or take this
Power committed to me to be unlimited : Yea, to
' ■, me, it h rather a Charge, Burden, and Danger ;
for if I, by ihis Power, (hal! commit the poorcft
Porier, if it appear I do it not upon a jull Caufe,
[he Burden will fall upon me heavier than the Law
can infliift; for I rtiall lofc my Credit wiih his
Majefty, and alfo my Place. And Lbefeech you
confider, whether thofe that have been in the fame
Place have not committed freely; and not mfrnM
Doubt made of it, nor any Complaint made byT
the Subjedt.' f
lhb«. th^MH. Sir Robert Philips faid, ' If the Words of Kings
■ ftrike Impreifions in the flearts of Suhjedts, then do
tliefe Woids, upon this Occafion, ftrike an Im pre f-
fion into the Hearts of us all : To fpeak in a plain
Language, we are now come to Ihe End of our
Journey ; and the well difpoiingof an Anfwer to
this MeSage, will give HappineS or Mifery to this
Kingdom. Let us fet the Common-Wealth of
UnglarJbtfOKXhe Eyes of his Majefty, that we may
jultify Qurfelves, that we hare demeaned oui&Ivev
; dutifully to his Majefty,'
I The^
' tte Etimt'if ParliamnWia. • *
Of E N G L A N D. 57 |
The Day following ihe Commons debated fur-An-t-Chirfal.
ther upon [his Mailer, ia a grand Commiltec ; Mr. '***•
Herlert in the Chair.
Some faid, ' The Siibjcft hasfuffcred more, in
the Violation of antient Liberties, within thele few
Years, than in 300 Years before ; and therefore
Care ought to be taken for the Time to come.'
Sit Edward CohiiiA, ' T\\il\hnRiiyalfVord\i3A^
Reference lo fome Meflage formerly fent ; His \ '
jefty's Word was,That they mayfecureihemfciva
any Way, by Bill, or olherwifc, and he promifi
to give Way to it : And to the end that this migl
not touch his Majefty's flonour, it was propofed^,
ibat the Bill come not fiom this Houfe, but fi
the King: ^e -will and grsnt, far VsandOurl
tijjin^ that We and Our Suecejfors will dn thui cni\
tout: And it is to the King's Honour, that he c
noi rpealt but by Record.'
Others deflred the Houfe to confider, when and
where the late Promife was made: Was it not in
the Face of both Houfes? Cruel Kings have been,
careful to perform ihe;r Promiles ; yea, iho' t
have been unlawful, as Herod: Therefore, if \
reft upon his Majefty's Ptomifc, we may afTuW
ourfelves of the Performance of it. Befides,
bind his Majefty by relying on his Word. ■*
have Laws enough ; it is ihe Execution of ihenl
that is our l^ife ; anJ it is the King that gives I
and Execution-
Sir Tf'smas ffeatworih conchidei ihe Debate, (
ing, ' That never Houfe of Pailiament
raoie in the Goodnefs of their King, fo far as re- 3
garded ihemfelves only, than the prelenti but w«d
arc ambitious that his M.ijcfly's Goodnefs may re- li^
main 10 Pofterity, and we are accountable to a pi4-,||
blic Truft : And therefore, feeing there hath beelij
a public Violation of the Laws by his Minilteis, |
nothing can fatlsfy them but a public Amends. J
And our Defire to vindicate the Subjedti Right bySj
Bill, are no more than are liid duwn in fc-rmer'J
Laws, whh fumemodelt Provifion for InftrLiitioDiJ
Pcrfotmancp, and Execution. ' vl
Vol. Vm. G Tbja
^8 7he Tarliamentaryllisro9iY
•An. 4 Charles I. This Mopon fo Well agreed with the Senfe of the
1628. Houfe, that they made it the Subjedl of a Reprefen-
tation to be delivered by the Speaker to his Majefty.
Amidit thefe Deliberations^ another MeiTage was
delivered from his Majefty by Mr. Secretary Cooi,
as follows :
Another MeiTage
from the King.
Mr. Speaker^
HOwfoever we proceed in this Bufinefs we
have in Hand, which his Majefty will not
doubt but to be according to our conftant Profef-
fion, and lo as he^ may have Caufe to give us
Thanks; yet his Refolution is, tha^. both his
Royal Care, and hearty and lender Affection to-
wards us his loving Subjedls, Ihall appear to the
whole Kingdom, and all the World, that he will .
govern us according to the Laws and Cuftoms of
this Realm ; that he will maintain us in the Li-
berries of our Perfons, and Properties of our,
Goods, fo as we may enjoy as much Happinefs
as our Forefathers in their beft Times ; and that
he will reftify what hath been, or may be found
amifs among us, fo that hereafter there may be
no juft Caufe to complain ; Wherein, as his
Majefty will rank himfelf amongft the beft of
Kings, and {hew he hath no Intention to in-
vade or impeach our lawful Liberties or juft
Rights, fo he will have us to match ourfelves
with the belt of Subjeds ; not by incroaching up-
on that Sovtreignty or Prerogative, which God
hath put into his Hands for our Good ; but by
containing ourfelves within the Bounds and Laws
of our Forefathers, without ftraining them, or
enlarging them by new Explanations, or Addi-
tions in any Sort ; which, he telleth us, he will
not give Way unto.
* That the Weight of the Affairs of the King-
dom, and of CkrijierJom, do prefs him more
and more; and that the 1 ime is now grown to
that Point of Maturity, that it cannot endure
long Debate or Delay, fo as this Scffion of Par-
liament
0/ E NG L A N D. ^9 \^y^i\
* liament muft continue no longer than Tue/dajAjiA-^^ltifpi}.
* come Seven-night at ihe furtheft; in which '^^^ * I
' Time his Majefty, for his Part, will be ready to V.>^ ^
* perform what he hath promifed ; and if the ^^li^
* Houfe be not as ready to do what is fit for thcm-
* felves, it fliall be their own Faults.
* Laftly, upon Affurance of our good Difpatch
* and Correfpondence, his Maiefty declareth. That
* his Royal Intention is to have another Seflion of
* Parliament at Michaelmas next, for the pcrfcdl-'
* ing of fuch Things as cannot now be done.
This Meffage was debated the next Day, being ^^^« thcrcom
Saturday, May 3. whereupon Sir John Elliot fpakc
tothisEffed:
• The King faith, He will rank himfelf with the-
bed of Kings ; and therefore he would have us to
rank ourfelves with the belt of Subjefls ; and that
we muft not incroach upon that Sovereignty that
God hath put into his Hands : This makes me fear
his Majefty is mifinformed in what we go about ;
let us make fome Enlargement, and put it before
him, that we will not. make -any Thing new : As
for the Time of this Seffion, it is but (hort ; and
look, how many Meflages we have ; and fo many
Interruptions, Mifreports, and Mifreprefentations
to his Maiefty produce ihefe Meflages.'
Sir Miles Fleetwood continued the Debate, and
faid, * That this Bufmefs is of great Importance,
and we are to accommodate it. The Breach of
this Parliament will be the greateft Mifery that ever
befell us : The Eyes of Chrt/iendom are upon this
Parliament', the State of all our Proteftant Friends
are ready to be fwal lowed up by the Emperor's
Forces, and our own Kingdom is in a miferable
Strait, for the Defence of our Religion that is in-
vaded by the Romifh Catholics, by the Colour of
a Commiffion, which is intolerable ; the Defence
of our Realm by Shipping is decayed ; the King's
Revenue is fold and gone ; where fhall the Relief
be obtained but in Parliament ? Now we are in tha
G * Way,.
loo TieTarliamaitarylliiroKV
fi.4.Ch«rlMj,Way, let us proceed by way of Bill, hi purfuance
i6it. of ihe King's MeiTage, to eiiablifti rhe fundamen-
tal Laws ol Property in our Goods, and Liberty
of our Petfons. It wasdeclared to us, thaiCourfes
by Loan and Imprifonmcnt were not lawful ; let
us touch them in our Biil, and rhat all Precedents
and Judgments feeming to the contrary, be made
_ voidj thatallCommitment&againn theLaw bere-
I medied, and that we be protected againft the Fear
Y of Commiiments.'
In conclufion, the Commons agreed loan Ati-
fwer 10 all the preceding Mellages, to be prefcntcd
to the King, by the Mou:h of their Speaker,
7fv Steakzr's Spe£CH la tie King, the 5/A of
May, in Anjiuer to ftveral Messages (x),
Mijl Grackus and Dread Ssvirtign,
heCfimmons * "irQur loyal and Obedient Subjedls, the Com -
"nB'V&vciJ ' A """"^ ""^ aflembled in Parliament, by*
'ffTjEM. ' fevcral MeHageafrom yourMaje!ly,andelpecially
* by ihai your Royal Declaration, dehvered by
' the Lord Keeper before both Houfes, have, to
' their exceedinii: Joy and Comfort, received ttiany
' ample Exprellions of your princely Care and
' tender Aifeflion'' towards them i with a gracious
* Promilc and /^llurance, that your Majefty will
' govern accuidiiig to ihe Laws and btatntes of
* this Realm i and fo niainiaiiiall yourSubjefls in
' the juft Freedom of iheir Petfons, and Safety of
* their Eftatcs, that all their Rights and Liberties
' may be by ihem enjoyed with as much Freedom
* and Security in y[,ur Time, as in any Age here-
I ' tofore by their Ancellors, under ihe belt of your
■ ' Progenitors; For tliis fo great a Favour, enlarged
I ' by a comfortable Intimation of your Majefty's
* Confidence in ihe ProLtedings of ihis Houfc, they
' do, by me iheir Speaker, mal:e a full Return of
' moll heaity Thanks lo your Majefty, with all
m
(*) From RuJlKerth, corrtfltd iij xla SUMfciifu,
Of ENGLAND. loi
* dutiful Acknowledgment of your Grace andi(
* GoodneS herein.
' And whereas in one of Ihefe Meflages delivered
' from your Majefty, ihere was an Expreflion of
■ your Defire lo know, Whciher (his Houfe would
* reft upon your Royal Word and Promife ; af-
* Turing them, that if they would, it (hoold be
* royally and really performed : As they aeain
■ prefent their humble Thanks for ihe feconding
* and ftrengthening of your former Royal Exprel-
* lions; lb, in all Humblenefi, ihey alTure your
* MajeKy, that their greateft Confidence is, and
* evermullbein yourGrareand Goodnefti with-
' out which, ihey well know, nothing that they
* can frame or defire will be of Safety or Avail
* to them; therefore they are all humble Suitors
* to your Majefty, that your Royal Heart will gra-
' ciouJiy accept and believe [he Truth of theirs ;
' which they humbly prefent, as full of Truft and
* Confidence in your Royal Word and Promife, as
' ever Houfe of Commons repofcd in any of their
* beft Kings.
* True it is, they cannot but remember the pii-
* blic Tiuft, for which they are accountable to
■ prefent and future Times ; and their Delires ate,
* That your Majefty's Goodnefs might, in futuic
* Memory, be the Bleffingand Joy of Pofteriiy.
' But finding alfo, that of late there hsih been
* public Violation of Ihe Laws and the Suhjiits
* Liberties, by fomeof your Majefty's Miniftirsj
* they thereupon conceive, that no (efs than a pu-
* biic Remedy witi raife thedejetled Heansofyour
* loving Subjeds to a chearful Supply of your Ma-
. • 'jefty, or make ihem receive Content in the Pro-
* ceedings of this Houfe.
* From ihefe Confiderations, they moft humbly^/
* beg your Majefty's Leave to lay hold of thw gra-F
* cious Offer of yours, which gave them Aflurance'
* that if they ihouuht fit to fccure ihemfelves in* '
* their Rights and Liberties, by way of Bill, or
* otherwife, fo it might be provided for with due
' Refpeft to your Honour, and the Public Good,
G 3 ' you
102 The Parliamentary History
^tl-* you would be gracioufly pleafed to ^ve Way
' untoic. Far from their Intenlions 13 it, any Way,
' to incroach upon your Sovereignty or Preroga-
* live; nor have they the leaft Thought of ftrain-
' ing or enlarging the former Laws in any Sorr,
' by any new Interpretaiions or Additions i the
* Bounds of iheir Defires extend no further, than
' to fome necellary Explanation of that which is
' truly comprehended within the juft Senfe and
' Meaningof thofeLaws, with fome moderate Pro-
' vifion for Execution and Performance, as in
' Timespaft, upon lilce Occafion,. haih been ufed.
' The Way how to accomplifh thefe their juft
' Defires, is now under fcrious Confideraiion with
' ihcm ; wherein they humbly aflure your Maje-
' fty, ihey will neither iofe Time, nor feck any
' Thing of your Majefty, but what they hope
' may be fit for dutiful and loyal Subjefts to a^kj
* and for a gracious and juft King to grant'
His Majesty'; Answer :j; delherid hj the
Lord- Keeper.
Mr. Speaicr, did you Gentlemen of the Hou/s of
Commons,
' TTIS Majefty hath commanded me to tell
' _J7X you. Shat heexpefted an Anfwerby your
' Actions, and not Delay by your Difcourfe. Ye
' acknowledge his Truft and Confidence in your
' Proceedings; buthisMajefty feesnothow youdo
' requiie him by your Confidence in his Words
* and Aflions: For what need Explanations, if yc
' doubled not the Performance of the true Mean-
' ing? For Explanations will hazard an Incroach-
' ment upon his Prerogative. And it may well
' be faid, What need a new Law to confirm an
' old, if you repofe Confidence in the Declara-
' tion his Majelly made by me to both Houfes?
* And yourfelves acknowledge, that your greateft
' Truth and Cunfidcnce mult be in his Mijelly's
' Graceand Goodnefa, without which nothing ye
' canTrame will be of Safety or Avail to you;
'Vet,
0/ E N G L A N D. 103
Yet, to fhew clearly the Sincerity of his Maje- An. 4 Chwies i.
fty's Intentions, he is content that a Bill be drawn '^**'
for a Confirmation of Magna Charta^ and the
other fix Statutes infilled upon, for the Subje£ts
Liberties, if ye fhall chufe ;hat as the beft Way j
but fo as it may be without Additions, Paraphra-
fes, or Explanations.
• Thus, if you pleafe> you may be fecured from
your needlefs Fears, and this Parliament may
liave the happy wifhed-for End : Whereas, on the
contrary, if ye feek to tye your King by new,
and indeed impoilible. Bonds, you muft be ac-
countable to God and the Country for the ill
Succefe of this Meeting. His Majefty hath gi-
ven his Royal Word, that ye fhall have no Caufe
to complain hereafter: Lels than which hath
been enough to reconcile great Princes, and there-
fore ought much more to prevail between a King
and his Subjefts.
' Laftly, 1 am commanded to tell you that his
Majefty's Pleafure is. That, without further Re-
plies or Meflages, or other unnecellary Delays,
ye do what ye mean to do fpeedily ; remembering
the laft Meflage that Secretary Cook brought you,
in point of Time ; his Majefty always intending
to perform his Promife to his People.*
Notwithftanding this Intimation of his Majefty's,^.
good Pleafure/oraBill,yct,thevery next Day, Mr. '^'^^""'*-
Secretary Cook again prefled the Houfe to rely upon
the King's Word, faying, * That he had rather fol-
low others than himfelf begin this Bufinefs : Lofs of
Time hath been the greateft Complaint : The
Matter fallen now into Confideration, is what Way
to take, whether to rely on his Majefty 's Word,
or on a Bill. If we will confider the Advantage
we have in taking his Majefty's Word, it will be
of the largeft Extent, and we (hall chufe that which
bath moft Aflurance ; an A61 of Parliament is by
the Confent of the King and Parliament, but this
' Aflarance, by Word, is, that he Will govern us by
tli
f 104 The TarUatnetitary Hi&rov^t
iU.4.ChwlMi the Laws ; The King promifes that, and alfo that
i6fS. they fliail be fo executed, that we fhall enjoy ai
much Freedom as ever : This contains many Laws,
and a Granr of all goofl Laws ; nay, it contains a
^^^_ Confirmation of ihofc very Laws i an AHlirance,
^^^H which binds th^King further than theLaw can : Firft,
^^^1 it binds his Affeflion, which is the greatell Bond be-
^^^H tween King and Sittjcft ; and that binds his Judg-
^^^1 inent alfo, nay, his Honour, and that not at home
^^^P only, but abroad. The Royal Word of a King is the
^^H^ Grotitid of all Treaty ; nay, it binds his Confci-
I ence. This Confirmation between both Houfes i)
, in Nature of a Vow ; For my Part, I think it is
the greatell Advantage to rely on his Majefty'a
• Word,' He further added, ' Thb Debate was
fitter to be done before the Houfe, and not before
the Committee ; and that it was a new Courfe to
go into a Committee of the whole Houfe/
Whereutito it was replied by Sir John EUiat,
' That the proceeding in a Committee is more ho-
nourable and advantageous both to the King and the
J^ ■■ Houfe i for that Way leads moil to Truth, as U
■■■ is a more open Way, where every Man may add
^^^1 his ReafoT^s, and make Anfwer upon the hearing
B • of other Men's Reafons and Arguments.'
This being the general Senfe, the Houfe was
turned into a Committee, to take into Conlidera-
tion what was delivered to the King by the Speaker,
and what was delivered to them by the Lord Keeper,
and all other Meflages ; and the Committee waj
not 10 be bounded by any former Order. The
Key was brought up, and none were to go out
without Leave firft afl«d.
In the Debate of this Bufinefs at the Committe*,
ftime were for letting the Bill teft; but Sir Ed.
wmd Coie's Reafons prevailed to the coiiirary. 1
' Was it ever known, faid he, thai general Wordi '
were 'a fuffkieni Saiisfadion to particular Grievan-i '
ces ? Was ever a verbal Declaration of the King,.
Ftrbuti Rt^h ? When Grievances be, tlie Parlia-
ment
<y E N G L A N D. loj ^
mentis to redrefs ihem. Did ever Parliamenl tdy An.« a»tlut-
on Meflages ? They put up Petitions of their Grie- ***'■
varices, and the King ever anfwcred them. The
King's Anfwer is very gracious j but what is the
Law of the Realm, that is the Queftion. I pui no
Difiidence in his Majefly ; but the King mufl fpeak
by Record, and in Particulars; and not in genera).
Did you ever know the King's Mcffage come into
a Billof Subfidies? All fucceeding Kings will fay,
Ye mull truft me as well as ye did my Predeceflbrs,
and truft my Meflages ; but Meflages of Love ne-
ver came into a Parliament. Let us put up a Pe-
tition of Right : Not that I diftruft the King ; but
that I cannot take his Ttuft but in a Parliameii'
tary Way.'
The Lords had been, for fome Time, taken up
with reading Bills, and other Aflairs of lels Moment,
till this Day, (A/ijy 6.) when the Earl Afarylifl/made
a Report from their Committee of Privileges, i^e.
concerning four Things which had been referred by
the Houfe to their Confideration. Which were
ihefe.
L WhctheraPeerofParliamcntistoanfwerup-p,,p„jj- J ^
en Oath, or upon his Honour only {y ) f the Lort. on
li. Whether a Peer, having done his HomageM«t«nrf pii-
once to the King at his Coronation, may becom-^^^^''
pelled to pay, in refpefl of Homage, for Lands
held of the King in Capite?
III. Whether the Goods of a privileged Perfon,
taken in Execution, {"during the Privilege of Par-
liament,) ought not to be delivered to the P.iriy by
the faid Privilege;?
IV. To confider of a Bill for the Releafement
of fuch privileged Perfons, as fhould be arretted after
tbe'Parliametit ended, but during the Privilege
thereof.
His Lordfliip further reported. That theGom-
mittee finding the fitft of ihefe References lo be
general, they confidered only of the Anfwers of
Peers
io6 TheTarliamentaryHisroKY
Aa.4- cti.t!« (, Prtrs as Defendants in Courts, And that they bad
i6i8, perufed all the Precedents, which were, either for
their Anfwers in this Kind, upon Proteftation of
(Honour only, or ufion common Oath; and, after
mature Conlideration, they all agreed, wja rsie.
That the Nobility of this Kingdom, and Lords of
the Upper Houfe of Parliament, were, by antient
Right, to anfwer in all Courts, as Defendants, up-
on Proteftation of Honour only, and not upon
common Oath.
As touching the fecond, in refpefl of Homage,
the Attorney -General defired to have Time to con-
li,ler thereof, and they agreed that he Ihould be
. heard in the Houie as foon as he was ready.
To the third, they had all agreed, That the
Goods ofa privileged Perfon, taken in Execution,
ought to be redelivered, and freed, as well as ihe Per-
fon.
Concerning the Bill for fetting at Liberty fuch
prlyileged Perfons, as Ihould be arreted after the
Parliament ended, and during the Privilege thereof,
they had heard it read, and appointed Mr. Attorney
to draw a new Bdl.
This Report being ended, the Houfe went into
a Committee for a free Debate upon the firfl Quet-
tion. And, after many Argumenis, they came at
laftto a general Agreement; That the Nobilitf of
this Kingdom, as L^rds sf the Upper Hsufe of Par- '
liament, a>e, of antient Right, ts anfivir in all
Courts as Defendants, upon Proteftation of Honour
only, and net tipen the common Oath.
Two Days after this Order, the Attorney-Ge-
neral delivered in his Opinion to the Houfe con-
cerning Homage; ' That he had advifed with the
Bitons of the Exchequer therein, and had perufed
Records, and finds that Homage once done, for
Lands held of the King, the Party is to do it no
more. But, as touching Homage done at ibeCo-
rouaiion, he found no Allowance, for ihefe 300
Years paft, for Difcharge of Homage afterwards.
He found alfo, That Homage once done, was to
bs
0/ E N G L A N D. 107
be certified out of Chancery into the Exchequer ; An. 4. charlci L
and he found no Certificate of any Coronation *^**'
Homage : That he fent to the Heralds for a Copy
of the faid Homage, wherein he noted, That there
were no Words for any Land held of the King, as
required by Law/ This Opinion was referred
back to the Committee of Privileges ; and the Arch-
biihop of Canterbury acquainting the Houfe, That
he had a true Copy of the Homage done by the
Lords at the Coronation, he was defired to fhcw
it the next Day. But to get done with this ^
Affair, to come to Matters of much greater Mo-
ment. The next Day the Archbifhop produced
his Copy of Homage made by the Peers, which,
for the Archbifhops and Bifliops kneeling, was in
thefe Words.
/, A, will be faithfulj and bear true Faith and
Troth unto you^ my Sovereign Lordy and to your
Heirs ^ Kings ^England; and IJball do^ and truly
acknowledge the Service of the, Lands which I claim
to hold ofyou^ as in Right of the Churchy as God
Jballhelp me. Then killed, the King's left Cheek.
For die Lay- Lords, thus : /, N, become yourLiege^
man ofLiJe and Limb, and of til earthly Worjhip ;
and Faith and Troth I Jhall bear unto you, to live and
die againji all Manner of Folks. So God help me. This-
Homage being ended, they put forth their Hands and
touch the Crown by way of Ceremony, as promi- '
fing to fupport it with all their Power.
After this, the Queftion about Refpeft of Ho-
mage was again referred to the Committee for Pri-
vileges, l^c. '
About this Time alfo, the Commons having,
under their Confideration, a Point of Privilege,
Sir Thomas Wentworth fpoke as follows {%).
Mr. Speaker y
TOO many Inftigations importune the Sequel
of my Words. //>/?, The Equity of your
Proceedings. Seccndfy, The Honefty of my Re-
quell.
(«) From a Patnphlet printed io this Seilloo^ in the Collection
Ctf Sir Jvtn Goo^n'tkt bef9rementione4*
1 08 The Parliamentary Hi s to r t
AiTVctnitleil.queft. For 1 behold in all your Intendments, a
i6i8. Singularity grounded upon Dilcretion and Good-
nefs: And your Confultations fleered as well by
I Charity, as Extremity of Jullice.
' This Order and Method, I fay, of your Pro-
ceedings, together wi[h the Opportunity offered,
' oftheSubjeit in Hand, have emboldened me to
Ibllicit an Extention of the late granted Prote^ions
in general. 'I'be Lawfulnefs and Hcnefty of the
Propofitions depends upon ihefe two Particulars.
* I. The prefent Troubles of the Parties pro-
tefled, have run them into a further, and almoft
irrecoverable Hazard ; by prefuming upon, and
feeding iheinfelves with, the Hopes of along con-
tinuing Parliament.
' II. Thefecond will have thisj That which
is prejudicial to mod, ouKht to minifler Matter of
Advantage to the reft; lince then our Interpella-
tions and Dilturbances amongft ourfelves are dif-
pieafing almoft to all ; if any Benefit may be col-
lefled, let it fall upon thofe Parties aforefaid; for
I think the Breach of our Seffion can befriend none-
butfuch; nor fuch neither, but by Means of the
Grant before hand. And faccaufe it is probable,
that his Majefty may caufe a Re-meeting this next
Muhailmai ; let thither alfo reach their prefcribcd
Time for Liberty: And that, till then, let their
Proleflions remain in as full Virtue and Authority,
as if the Parliament were actually fitting.'
May 8. The Lords received a Meflage from
'= the Commons, importing, That ihey defired a
further Conference with their Lordfhips in Purfu-
ance of former Conferences had of late. It feems
the Commons had now finifhed ihe'\r Peritien a/
Rights and a Claufe, relating to Marliai Law, was
added to it. The Lords agreed to the Propofal ;
and a Conference, by Committees of both Houfes,
was held in the Painted Chamber at two that Af-
ternoon.
The Report of ibis Conference was made the next
D.iy, by the Luid Keeper, who fjid, ' That Sir
Edward
O/, E N G L A N D. 109 ^
Edward Caity after making an Excufe for his long ab, 4 Cbirln 1
S[ay, exprelled the great Joy of the Commons for '***■
ibc good Concurrence between the Lords and them
in this Bufinefs. That, at the firft Conference,
the Commons Ihewed unto their Lordfliips what
Evidences they had of their Liberties. Since which
Time, Ihey received five Propofitions, penned, by
a grave and reverend Prelate, from their Ltirdfliipst
and it is fit they (hould give them a Reafon, why
they have heard no foouer from them concerning
the fame. And faid. That after fome Debate a-
mong themfelves, concerning ihofe Propofitions,
ihey received from his Majelly five gracious Mef-
fages.
' I, That he would maintain all his Subjefls in
iheir juft Liberties of iheir Perfons and Goods.
' II. That he would govern according to the
Laws and Statutes of this Kingdom,
' Id. That we (hoiild find as much Security in
his MajeKy's Word as in any Law or Statute whai-
foever.
' IV, That we fiiould enjoy all our Freedoms,
in as juft and ample Manner, as our Anceilors aid
in the Time of any of his beft Predeceflbrs.
'V. That for the fecuring of this, ihcHoufeof
Commons might, if they thought fit, proceed by
Bill or otherwife.
' Then he faid, That thefe MelTages of the
King's being categorical, and their Lordfliips Pro-
pofitions but hypothetical, the Commons had laid
the latter afide; ^la in PoU'ilia tnajerit cejat Pe-
ttflai tnmris ; & ha funt Caufa, faid the Knight,
why their Lordfhips heard from the Commons no
fooner about iheir Propofitions.
' He next faid. That, according Co the King's
Mellage, the Commons had thought ^ood to pro-
ceed in a parliamentary Way j Piriiukjitm tnim.
e/i, probarum yirarum Extmpk noH imnprobare ;
and, if theit Lordfhips would pleafe to concur here-
in, iliey doubt not but the Succefs will be happy.
That they had diawn up a Pilimn of Right, ac-
cording to antient Precedents, and left Space for
the
The 'Parliameittary History
ihc Lords to join therein with ihcm. And he af-
firmed, Thai ihis Manner of Proceeding, by Peti-
tion, was ihc anient Way, until the unhappy
Divifions between the Houles of lorkdSidLanceflti.'
After this Report was ended, the faid Petition
was twice read, and afterwards referred to a felei't
Committee of Lords, vho were lo meet (hat Af-
ternoon, and inform Ihemfelves of Precedents of
this Kind.
The next Day the Loni- Keeper reported. That
the Committee had confidcred of the Change of
fome Word", in the Petition, without Alteration
of the SublUnce thereof. Then the laid Changes
were read, which are not neceU'ary here to infcrt,
fince they will fall apter, when they come to be
debated, between the two Houfes, afterwards.
May the nih, the Duke of Buikingkam deli-
vered a Letter from the King, lealcd with the
Royal Signet, which was read firft by the Lord-
■ Keeper, and then by theClcik, as follows.
To our Right Trudy and Right Weil-beloved, the
Lords Spiritual and Temporal of the
Higher Houfe of Parliam£Nt (a).
CHARLES R.
The King's Lm- T^^-. being dejirotis tf nothing more than the Ad~
'" X '''■;' h^^' vancement of the Cood and Profperity of our
OH ih»t u J . p^gpi^_^ f^^jjg gj^g„ Leave to free Debate t^on the
highejt Point! of oar Prerogative Royal; which, in
the Time of our Predesefjan^ K/ngs and ^eens of
this Realm, were ever reftrained at Matters that they
would not have dijfiuted -, end in other Things we
have teen willing /o far la defcend to the Defuei ef
cur good SuhjeHi, as might fully fitisfy all moderatt
MindSy and free them from alljuji Fears andfea-
lo'fiei; which, thofe Meffbges, we have hitherto Jent
to tl:-e Commons Houfe, will well demonfiratt unts
the lyorld: Tet we find it fill inffied upn^ thai,
iie
(i) Fiom Ru/hwii-rh concifed bjr the LtrJi ysurr^i.
I
0/ E N G L A N D. in
in no Cafe whatfoever^ Jhould it ever fi nearly concern An. ^. Charles I.
Matters of State or Government^ neither we^ nor our ifo«.
Privy-Councils, have Power to commit any Man
without the Caufefhewed ; whereas it often happens^
that^ fhould the Caufe be fheweiy the Service itfelf
would thereby be defrayed and defeated \ and the Caufe
alledged niujl be fuch as may be determined by our
Judges of our Courts of Weftminfter, in a legal
dnd ordinary Way of Juft'tce ; whereas the Caufes
may be fuch^ as thofe Judges have not Capacity of
Judicature^ nor Rules of Law to dire^ and guide
their Judgment in Cafes of fo tranfcendent a Nature \
which happening fo often j the very Intermitting of
that conjlant Rule of Government^ pra£lifed for fo
many Ages^ within this Kingdom^ would foon diffolve
the Foundation and Frame of our Monarchy.
Wherefore as, to our Commons j we made fair Pro*
pofttions^ which might equally prefer ve thejufi Liberty .
cjthe Subject: So^ my Lords ^ we have thought good
to let you inoWy thaty without the Overthrow of our
Sovereignty^ we cannot juffer tins Power to be im-
peached: NotTvith/landingy to clear our Confcience and
jufi Intentions^ this we publifh^ That it is not in our
Heart ^ 5 nor will we ever extend our Royal Power,
lent unt9 us from God, beyond the juji Rule of Mo*
deration^ in any Thing which fhall he contrary to our
Laws and Cuftoms ; wherein the Safety of our People
fhall be our only Aim. And we do hereby declare
our Royal Plea Jure and Refolution to be^ which ^ God
willing^ we /ball ever conflantly continue and main-
tain^ That neither we^ nor our Privy- Council^ Jhall
or will, at any T'tme hereafter^ commit or command
to Prifony or otherwife refrain , the Perfon of any
Man for not lending Monty to us ; nor for auy tther
Caufe^ which, in our Confcience^ doth net concern
the public Good and Safety of us and our People : We
will not he drawn to pretend any Caufe ^ wherein our
Judgment and Conjcience are not jathfied\ which
bafe Thought, we h-jpe^ no Man can imagine^ will
fall into our Royal hteafi: And^ in all Cafes of this
Nature, which /hall hereafter happen^ w/Jha/l^ upon
the
112 The'Parliamgrifary'HisroKY
■ AB.4.ch«l"l.'*^ humble Peiititn of the Party, or Adirefs of eur
(6x8. fuiget Unit us, readily and'reaUy exprejs the true'
Caufe efthiir Commitment er Rejirdint ; fifmi cs,
uislb Conveniency and Safety, the (amf w fit ta 6e
Idifdefed and exprejjid : Jfnd that in all Caujes crimi-
nal, if ordinary yurifdiSlion^ cur fudges Jball pro-
teed tt the Deliverance or Bailment of the Prifiner,
according ta the inown and ordinary Rules of the
Lajt/s of this Land, and according to the Statutes of '
Magna Charts, and thofe other fix Statutes inftfted
upon i wfnchtve do take Knowledgefiand in full Forct^
and vihich we intend net te abrogate or weaken a-
gainji the true Intention thereof,
This we have thought fit tofignify, the rather la
fijorten any long Debate upon this great ^uefiioUi
the Seofm of the Year being fo far advanced, andettr
great Occafions ef State not lending many more Days- .
Jor hnger Continuance of this Sejien of Parliament.
Given under our Signet, at our Palace at
JVeJlminJler, 12th of May, in the fourih
Yeai of our Ktv^n.
The King's Letter being read, a Meflage was
immediately Jem to ihc Commons, for a prefent
^^^ Conference between both Houfes in the Painted
^^^k Chamber, Which being agreed to, and the Lords
^^^^ remrned from it, ihe Lord- Keeper declared,
^^^ ' That, according to the Direiton of the Houfe,
^fiio (heKu-.on ^^ informed the Commons of their Lordihips De-
dtij.ei prefent fire to coiitinue a good Correfpondcnce with them.
CunCercncs »"hXha[ they defired this Conference to (hew their
(^.Common', Proceedings OH the Petition of Right, prefentcd to ■
^^^ their Lordihips by the Commons! which, after
^^^B' much Dibaie in the HoufC) was referred to iSe-
^Bf ledt Cnmraiiiec to be conlidered, ' Whether anjr
^^^ Thing, not altering the Senfe of the Petition, might
be vary'd theiein, fo as it might be fit to receive
' from liis Majcfty a gracious Anfwer:' That the
Committee returned to the Houfe thefe Alterati-
ons, which are now ofl'ered to the Commons, on-
ly narratively ; and that they left one great Point,
r<y, E N G L A N D. uj ^
la ,lhe ffljd'Beiition, concerning IrapriroritnentAn.4.cti»ri«i,
without a Caufe exprcfftd, to be debated by Uieir '*•*•
■Houie ; bat,'befoie the Lords had entered into ii,
they received a gracious Lectier from the King,
this Morning, wbich offers'Saiisfaflioa to Ixiih
Houfcs iliercin ; and before their Lordlhips would
proceed any further, they thought fit to acquaint
ibera therewich.'
That thiE being Tpoken, he, the Lord-Keeper,
-.deliveced unto the Commons the faid Petition ef •
Right, and the Alleraiions thereof in Paper; and .
that he, likewife, did deliver unto them a Copy •
of the King's Letter, and read the original thereof,
they acknowleJging the fai<J Ca^py to agree thene-
vith verbatim ; and then his Lordlbip defired the
Commons (o cxpcdiie this Bufinefs, unto which
they anfwered, ' They came wiih Ears only.'
The Report being ci«lcd, the Lords referred the
further Confideralion of this BuliBcfs to the After-
Boon. At w^tch Time, it wae put to the Quef- .
lion and agreed, That touching the Point of Jm-
^prilbnment, m the Petition, ihit Houfe (hould.
move the Cammons, That the Petition may be i
reduced, in the aforetid Point, within the Com-
pafs of what his Majefty had ofiered by his gracioui
Leiier. ,
The Cunc Day when the King's Letter wn ,
communicated to the Houfe of Commons, they laid i
it afide : And Sir Thomas fVentworth faid, * It was a .
Letter of Grace; but the People will only like ftf
that which is done in a Parliamentary Way ; bo-
lides, the Debate of it would fpend much Tim?,
oeilher was lit directed to the Houfe ofCommons}
and the i*tfinV« ef Right would clear all Miftaiw;
i-'or, litid he, fomegive it out, <-l! if the Houfe weot.
about to pinch the King's Prerogative,'
M^y 14^1 tioih Hou.fes met at a Conference f
:i*ftet which, the Lord- Keeper leporied tlie Effedt
jtbereof to the Lords, viz. . Tt, Rjpo,
, Rrji, His Lorilihip repeated the Heads of what thereof by i
\ie fpake, accord, n2 to the Direflions of th^ Houfe, '■"f'' "^"l ""
Vol. VUI, H T
114 Tf^^ Tartiamektary Hi s ik) r. r
Aa.4.ChitlnLthi3 Morning in the Entrance of the' faid Confer-
"■*■ ence, on this Manner.
' That at the laft Meeting, the Lords made to
■ the Commons a Propoiiiion, of fome Alterations
•-to be made in the Petition ; and doubt not fc«it the
■ Commons have confidered of them, and come pre-
: pared to confer.
* Tiiat, anhefameTime, the Commons were
■"made acquainted with bis Majefty's Letter ; and
'-.had a Copy delivered ihem to conudcr of it, as the
; Lords alfo promifed to do.
'^, ' That the Lords have done accordingly; and
taken into iheir Thoughts, Firfl, The Propofiti-
' Dn« or Tenets of the Commons concerning the Sub-
■ jeti's Liberty. Secmdly, That Part of the Petition
■ which concerns it. And, Lajify, His Majefty's
Letter.
-'- * That, upon all theft, they have not proceed-
ed to any Refolution exclufive or.conclufive ; not
-to exclude the Right or Liberty of the Subjefi,
nor the PiopoiiiionorPeiiiion concerning the famej
roryer to exclude the Prerogative, or Right of the
King ; nor to conclude themfelves from more ma-
ture Refoiurions.
* But upon Conlideration of the Letter, they
find gracious Inieniions in the King, and diveis
toyaj and good Offers touchiiig the Liberty and
freedom of the People.
' That ihey have confidered of the prefent Af-
fairs, That vm Coalls arc infefted by Enemies,
and likely to be more fo. if there be no prefent
Prepamiions .".gainft them.
■ • That the State of the Reformed Religion a-
broad is miferable and diltrefl'ed ; and expedts and
depends on the Sircccfs of liiis Parliament. And,
therefore, ihcir Lordibips wifh fuch a Courle to be
taken as may bell beget a right Undeiftanding be-
^ween the King and his People. And, therefore,
they have thought lit that the Commons be moved,
tlut the Petition concerning ihai Point, for this
Trme and Stflion, be reduteJ inio luch a Form as
may
0/ E N G L A N D. 115
■pay be mod agreeable to iljal, which, by thisAi
Letter, we may cxpedt lohave from the King.'
The Lord-Keeper further reported, That he
having faid thus much. Sir Edward Cukst one of ihe
Commons Houfe, anfwercd and exprelTed their
great Joy, for ihat the Lords held fo goud Corref^
pondence with ihem, v/hich they would endea-
vour lo continue j and proceeded to fpeak to their ,
Petitionj and of their Lordfhips propofed Altera- ■
tions and Amendments ; and ol the King's Letieri
and faid, That ihey had voted their Petition, and
expe(5lcd Reafons from the Lords for thofe Altera-
tions: And that ihe Letter it no Anlwcrin a Par-
liamentary Way.ro their Petition, ^i. That it will
take upmuch Time fully to confider thereof; and
he offered to fatisfy their Lordfliips in the other.
Part of the Petition.
The Loid-Keeper alfo further reported, That
Sir Dudley Digg!, one of the Commons, deiircd toi
have Leave lo refort to their Houfe, and they would
reiurn fuddenly to the Confererce again. '
After fome fmallStay, tlie Commons retutned
to the Conference f Aii4 the Lords having Notice-
thereof the Houfe was adjourned duiing Pleafure.
Their Lordlhips being returned, the Houfe wai
refumed : And I
The Lord-Keeper reported that the Commou '
&id. That they had related unto their Houfe what-
their Lordfhrps bad faid concerning the King's Lei-
tetj and thai their Houfe had refolved, Nottoen-
ter into Confidcration thereof, for that it is no Par-
liamentary Courfc. And ihey explained what Sir
£dward Cokt had faid, touching their voting of
the Petition, viz. That they had voted it at a
Committeejnoi in their Houfe ; for, olherwife, they
could not alter any Pari thereof- .
This Report ended, the Lords confidered what
fliould be more faid unto the Commons: who at- .
tended in the Painted Chamber. And, after fomo
fmall Debate, it was agreed to return lo the faid
Conference J »nd ihc Lord-Keeper to let them
H 2 tnow..
1*16 Ihg^arliamentaryHiSTORY _
A».4,Ch«le!l. Thai it is rot ihe Intent of ihe Lords lo reft only
■6"S- i:pon the King's Letter, for an Anfwer to tire Pc-
tliior i but to move the Cummoiis lo frame the
Peiifion, lb as il may be bell accommodated for
Ihe King's Anfwer ; and ihen to proceed in a Par-
lijtnentary Way. Their Defire is not to change
the Subftancc o( the Petiiimt (by ihofe Alterati-
ons propoundffdj but only to alter Ibme Phrafea,
wliLcli may, haply, be difpleafing unto his Ma-
jcfiy. And that the Lords deiire, '.hat the Point of
Imprifonment may have Precedency, before they
debate any other Point of the PctUm.
Then the Houfe was again adjourned duting
PlEafurc: And the Lords went to the Conference.
Being returned, and the Houfe refumed,
'I he Lord-Keeper reported the Commons An-
fwer, to be, that they conceive the Lords propound-
ed no' unto them) That they (liould wholly rely
on the King's Letter, for an Anfwer to ihe Pelt-
t ill: Yet, not with ftanding, they cannot proceed
upon the laid Letter •■ it not being a Parliamentary
Wfiy. That if the Lords will be pleafed to pro-
pound the Alterations of the Periikn, they will
confer thereon.
This Report eiideil, the Lords began to debate
amnngii thcmfelves an Accommodation, touching
the Point of TrnprH'onmeni. And tlic Houfe being
put into a Comniittee, and having agreed not lo
be concluded by any Propofition of Accommoda-
tion, it was reiumed auain.
Agreed Lijx>n the Quelfion, That To-morrow
Morning the Honle Ilia!! proceed to ilie Acconi-
Wodation of this Point in the Petition.
- The Lords debated this Matter yet fome Djys
lynger, till, on the i7lh, their Committee brought
in an Addition to the Pttitian of Right ; which
Was read in thefe Words .-
The. Loids Ad- fVt humbly pr^fenl this Pfiifiou Is your hiajefiy\
diUon ^^^t^f- mi anly \M\th a Care sf prtfervi'is cw.bwi Libtrties^
'""" " '* '' Ifat mlh 4ut RtgavA tt Itavt tntht that fevireign
Powir
0/ ENGLAND. 117 ^
Pawtr^ whermith your Mjltftyh trufted, fir lhexi,.^.Cba\tA.
Prsteifie/i, Saftty, and Happine/s ef joar People. ie»t-
The raid .Committee declared. That this was
ofiered to be confidered of, for an Accommodation
only J not that it (hould conclude iheif Lord(hif.s
in their Opinion, nor exclude the Paitisn ef Right
prefented to them by the Commons.
The Lords agreed to thefe Propofiils of their
Committee, and refolved to have another Confe-
rence with the Commons, both about this Addi-
tion, and fome other Alterations, formerly propo-
fed, to their Peiilian of Right : In which, iniir
alia, the Lord Keeper was to tell ihem, That tbc
Lords did defire a good Correfpondeiicy with them,
■which would tend to a happy Succcfs of this Par-
liament-
This Conference was held in the Afternoon of
that Day ; when the Lord Keeper opened it in the
Manner following:
THAT whereasatthelaftConferenceof both A CaaUte
Houfes, there were fome Thing* propound- thfreupon.
ed ibatcame from tiieir Lotdihips, out of a Defire
the Petititm might have the eafier Paflage with his
Majefty, not intending to violate, in any Manner,
the Subllance of the Petition; b'Jt it was then
thought, that there was another Part of the Pe-
iitim of aa great Importance and Weight ; The
t^rds, fitice the Time of that Confereiire, have
cmpioyeii themfclves wJioHy to reduce the Petitisn
to fuch a Frame and Order, that ihey may gi/e
both to you and them Hops of Acceptance.
' And. after many Deliberations, and much Ad-
vice taken, my Lords have refolved to reprefeBt
unto you fomething which ihey have thought upon,,
yet not as a Thing conclulive to them or you ;
swid, according to their Defiies [hiving mentionod
it in the Beginning) h.ive held it fit to conclude of
Nothing, till that you be made acquainted with it;
and that there may be a mature Advifement be-
tween you .ind ihein, fo that there may be ihe hap-
pier Conc'.ufion in all this Bulinefs.
H i * This
^H n8 VjeTarHameBtarjiHisTOKr
A>i.4-Cb*ilcil. ' This being the Delermination of the Lords,
I
That nothing that is now offered unto you (hould
be conclufivc J yet they thought it convenient to
prefent it unto you.
' This Alteration, (yet not Alieration but Ad-
dition) which ihey Ihall propound unto you, to be
advifed and conferred upon, which is no Breach of
the Frames they think meet, if it (hall ftand'
with your Liking, to be put in the Conciufion of
the Petition, which 1 ihall now read unto you.
fVe humbly prtftnt this Pilitiea la pur MojeJIy,
Tist cnly with a Care sf prtferv'mg air duin Liber-
tits, but viith due Regard to leave entire that Sovf
reign Power wherewith your Majejiy is trvfted fir
the PrauSlion, Safety, and Happine/s ofysur Petpte.
' This is ihe Thing ihe Lords do prefent unto
you as the Subjsd of ibis Conference, concerning
the adding of this in ihe Conciufion of the Petition :
And as they know this is new, and that you can-
not prefently give an Anfwcrto it, therefore they
defire that you do, with fomeSpeed, confidcrof it;
and tlieir Lordfhips will be ready this Afternoon.'
The Commons being returned to their Houfe,
and i\iz -Addilian being debated, it produced feve-
tal Speeches {b),
e thenen Mr. Alfsrd. ' Let US Sook into Ihe Records,
"•■and fee what they are ; what is Sovereign Pov^er ?
Bodin faith, Trat it is free from any Conditions.
By this we fhall acknowledge a regal as well as A
legal Power. Let us give that to the King the
Law gives him, and no more.'
Mr. Pimme. ' I am not able to fpeak to this
Queflion, for I know not what it is. All our Pa-
titien li for the Lawsof £/(ffeW; and this Power
fecms to be another diftinO Power from the Power
of the Law, I know how to adJ Sovereign lo the
King's Peifon, but not to his Power: And we
cannot leave to him a Sovereign Pewer ; for wc
never were pofTefled of it.'
Mr.
(h) r.>r all thtfc wr ire oWigef to Mt. tt-Jl'iawb, oM •timv_
(c'ipis biiof iilciil on ihii Snl'jtil'.
Mr. HufwelL * We cannot admit of thefeAn.t.chMtaT,'
"Words with Safety: They ate applicable to all '***•
ifie ParB of our Pelitm : It is in the Nature of a
Saving, and by i: we fhall imply as if we had in-
croached on his Prerogative. AH the Laws wc
Cilcare wirhout a Saving; and yet now, after the
Violation of them, muft we add a Saving ? I have
• ftcn divers Petitions where the Subjei5l claimed a
Right, yet there I never faw a Saving of this Na-
ture.'
Sir Edward Coie. ' This is magnum in panjo.
This is propounded to be a Conclufion of our Pt'
tititn. It is a Matter of great Weight ; and, to'
fpeak plainly,, ii will overthrow aH our Petiiitit ; it'
trenches to all Parts of it ; it flies at Loans, at the '
Oath, at Itnprifonment, and at billeting of Sol-
diers; This turns all about again. Look into all
the Petitions of former Times; they never peti-
tioned wherein there was a Saving of the King's
Sovereignty. I know that Prerogative is Part of
the Law, but Sovereign Power is no parliamentary
■■Word. In my Opinion it weakens Magna Chart j,
and all the Statutes ; for they are abfoluie, without
any Saving of Sovereign Pswcr ; amjfhould wenow
add it, we Qiall weaken the Foundation of Law^
and then the Building mull needs fall. Take we
heed what wc yield unto.- Magna Charts h fbch
a Fellow, that he will have no Sovereign, I won- .
.der this Sovereign was not in Magna Charla^ or in
jihe Confirmations of it. If wegrant this, bylm-
, plication we ^ve i Sovereign PowerahaveaW Laws.
Power in Law, is taken for a Power with Force ;
The Sheriff iball take the Power of, the County ;
what it means here, God only knows. It is re-
pugnant lo our Petition ; that is, a Petition ef
.S;]£^*/, grounded on Aits of Parliament. Our Pre-
decelTbrs could never endure a Salvo Jute Jiio, no
more than the Kings of. old could ejidurc for the
Church, Salvo Hoiiore Dei & Ealefia:. Wc muft
notadmit of it J and to qualify ii islmpoflihle. Let
us hold our Privileges according to the Law. That
. Power that is above Uiiii, is not lit lor the King
and
An, ^ OiMlnl.J'"^ People 10 have it difputed furtHrt'. '^I^had' 4-
j6i8. ther, for my Part, have the Prefogaiive afted» and
I myfelf tolyeunder it, than to have it difpufed.' ,,
Sir Thamas ffintwsrih. ' If >e do 3drmt' of
this Addition, we fhall leave the Subjefl worfe than '
we found him i and we fhall have little Thanfci'
for our Labour when we come home. Let us leaVt; ,
all Power to his'Majefty to punifh MidefaSlore ;'
bat thefe Laws are not acquainted with Sovereign
pBVjer. We defire no new Thing ; nor do WB
offer 10 Irench on his Majefty's Prefogative : We.
may not recede from this Petition^ eiiher in Part,
or in Whole.'
' Mr. A^^;, 'ToaddaSiTO;n/isnotfafe: Doubt-'
fill Words may beget ill Conftruftion j and thp
Words are not only doubtful Words, but Words
unknown lo us, and never ufed in any Ait or Pe-
tition before.'
Mr. Stlden. ' Let us not go too haftlly to the
Queftion : If there be any Objeflloos, let an/
propound them, and let others anfwer them as they
think good. If it hath no Reference to our Peti-
tion, what doth it here ? lam Cure all others will
fay it haih Reference, and fo miift we. It dotJl
fat exceed all Examples of former Tjmej. What
Man can Ihew me the like? 1 have made that
Search that fulty fatisfies m6, and 1 find not ano-
ther befides 28. Elizabeth. We have a great many
Petitions and Bills of Parliament in all Ages, in
all which we are fure no fuch Thing is added,
That Claufe of 38, Edward I. was not m the Pe-
tition, but in the King's Anfwer.
' In Magna Charta there were no fuch Claufts.
The Articles themfelvesare to be fecn in a Library
at iijmf^fA, in a Book of that Time, Upart which tile
Law was made. There was none in the Articles in
Kingysis'sTime, fonhefel have leeft; 'and there'
is no Saving. In the Statutes of Cajifirmauo Char-
tatam, is a Saving, Its Antients Aids -, (hat ii', pur
FjlU maiyer, i^ pur /aire Filz Cijivuli'er, and for
Jlanfom, And in the Articles of King Johu \a
the oiiginal Charter '(which I' can fh:wj there
Ihofe
0/ E N G I. A N D. rir J
thofe tbree Aids were named therein, and they An.*- Ch«Si
were all known. In tlie asihof Eiward III. there '^^*-
is a Petition againft Loans, there is no Saving -,
and fo in others. As for that Addition in the aSth
of Edward I. do but obferve ihe Petitions after
Magna Charia j as 5. Edward III. tliey put up a
Petition ; whereas, in Magna Charta, it is con-
tained. That none be imprifontd, but by due Pro-
cefe of Law i thofe Words arc not in Magna Char-
ta, and yet there is no Saving : And fo in the i8ih
of EdwardWl. and 36. 37. and 42 Of Edward HI.
all whicTi pafs by Petition, and yet there is no Sa-
ving in them : And there are in them other Words
that are not in Magna Cbarta, and yet no Saving,
* As to what we declared, by the Mouth of our
Speaker, this Pailiamenr, That it was far from our
Heart to incrcach on the King's Prerogative ; we
then fpake of ihe Kind's Prerogative by iifelf, and
we are bound to fay fo : Bur fpeaking of out own
■ Rights, fhail we fay, We are not to be imprifoned,
faving but by the Eing's Sovereign Power? Say,
Illy Lands (without any Title) be feized in the
King's Hands, and I bring a Petition of Right ;
and i go to the King and fay, ' I do by no Means
feek your Majefty's Right and Title j' and, after
that.I bringaPetirion, or Monfiranct de Droit, fel-
ting forth my own Right and Title i and, withal!
fee down a Saving, that I leave etitire his Majefty's
Right [ i: would be improper. It was objefled.
Thai in Ihe 28th of Edward I. in the End of Jfr-
thili fuper Chartas, which was a Confirmation of
Magna Charia, and Charta de Forejia, in Ihe End
(here was a Claufe, Savant !i Droit i3 Signiory ;
the Words are In that Roll ih^c is now extant, but
the original Roll Is not cxtaiii.
* In the 25th of Edward lil. there was a Con-
firmation of the Charier. In the zjihof Ediv.lW.
the Parliament was called, and much Stir there wa?
about the Charter, and renewing the Arircles; but
then liitle was done. In 28. Edward I. ihe Com-
mons, hy Petition or ISill, did obL-iin the Liberties
and Amcles at the Etid of the Parliament ; they
Ill TheTarliamentary HisroKY
,^.4'Chirlnl. were cxiradlcd out of the Roll, and proclaimed
'^* abroad. The Addition wasadded in the Proclama-
tion J but in the Bill there was no Savant, yel afier-
wardB it was put in ; and to prove tliis, tfao' it is
^^^ true there is no Parliament- Roll of iliat Year ;
^^H yet we have Hiftories of that Time : In the Li-
^^H brary at Oxford, there is a Journal of a Parliament
^^^1 of that very Year which mentions fo muchj aj
^^H, alfoin the public Library at Cdm^nV^^ithereisinft
^^^K Manufcript tliit belonged to an Abbey : It was of
^^^ the fame Year, 2S. Edward I. and it mentions
I the Parliament and the Petitions, and ArtUuloi ^uis
pii'ieruht J'u (onjirmavit Rex, ut i/i Fine adderct,
faha Jurt Corana R'gis, and they came in by Pro-
clamation, But, in Lmdan, when the People heard
of this Claiife being added in the End, rh«y fell in-
to Execration for that Addition ; and the great
Earls, that went away, fatisfied, from the Parlia*"
mcnl, hearing of this, went to the King; and af-
terwards it was cleared at ihe next Parliament.
Npw, there is no Parliament-Roll of this, of that
Time ; only in the End of Edw. 111. ihereits one
Roll that recites it."
The Lords, afterwards, at a Conference, tender-
ed Reafons to foriify their Addition ; which were
■*^''j^J^'"J,^^^7 briefly reported to the Commons that the Lord
rhek AdditioD. Keeper laid, * That the Lords were all agreed to
defend and maintain the juft Liberties of the Sub-
jeft, and of the CroWn ; and that the Word Unvf
I was debated amongft them ; and thereby ihey
meant to give the King nothing new, but what
was his before : As to the Words, Sevcreign Paiver^
as he is a King he is a Sovereign, and mufl have
Power 1 and he faid the Words were ealier than the
Word Prerogative. Ag for the Word that, it
is a Relative, and referred to that Power, that is
for the Safely of ihe People ; and this, faid hu, can
never grieve any Man; being thus publifhed, it is
not Sovereign pnvjir in genera!. But now, in Con-
futation of our Reafons, he faid. Magna Charta
WAS not wiih a Saving; but, faid he, you purfue
not
0/ E N G L A N D. 123 1
»ot the Words of Magna CfiarUt and therefore ilAo.4.a»
needs an Addiim. ***'•
' As for the 28th of Edward I. he faid there
w^s a Savings and an ill Expolition cannot be made
of this i and both Hoafes have agreed it in Sub-
fiance already ; that the Commons did it in a
Speech delivered by the Speaker ; and that we fajr
we have not a Thought to incrOach on the King*!
Sovereignty ; and why may we not add it in our
Petition f
Upen this Report Mr. Mafin fpake as follows (i) :
Mr. Speaker^
IN oar Pstitm of Ri^ht to the King's Maje(ly,R...
weirention the Laws and Statutes; by whichitSpMihiaAiIl
appearelh. That no Tax.Loan, or the like, oi^ht'^*" tha«w.
to be levied by ihe King, but by common AlKnt
jn Parliament : That no Freeman ou^ht to be im-
prifflned but by the Law of the Land ; And that
'no Freeman ought to be compelled to fuffcrSol-
^i£rs in his Houfe.
* In the Ptiiikn vie have exprelTed the Breach
of thefe Laws, and defire we may not fufFer rhe
like ; all which we pray as out Rights and Liberties.
* The Lords have propofed an Addition to this
-Pelilian, in thefe Words :
ffi humbly prefent this Peiilitn ta your Megijly,
ml mfy with a Care of pefitving eur nvn Liberties,
but with due Regard to icave entire that Sovereign
Power, wherewith year Majejly is trutled, fer the
Prateitiin, Safety, and Happinefs of your People.
. ' Whether we (hall confent to this jfdd:lien, is
the Subject of this Day's Difcourfe: And becaufc
'ftiy Lord Keeper, at ihe Conference, declared
their Lordfhips had taken the Words of the Peti-
lim apart, I Ihall do To too.
' The Word Leave, in a Petition, is of the fame
Nature as Saving in a Grant or Aft of Parliameni :
When a Man grants but Part of a Thing he laves the
reft;
I ManuTciIpt, it bdnc [noie coitcS
lis.
I
.An-
i
I J4 The'Tariiamentary History
All 4JlMrlei 1. reft ; When he petitions to be renored but tu Part,
'*»*■ be kaveih the reft : Tlren, in the End of out Pe-
titien, the Word Lmve will imjily, that fomething
^ — is to be left of that, or at leaft with a Reference
^■^M . to what we defire.
^^^1 ' The Word Entire is very contderabJe. A
^^^1 Conqueror is bound by no Law, but hath Power
^^H dare Leges ; his Will is a Law : And altho' ffil-
^^^M Uam the Cen^uersr, at lirft, to make his Way to the
^^H ' Crown of England the mote eafy, and the Poflif-
^^^1 Son of it more fure, claimed it by Title ; yet af-
^^H lerwards, when there were no powerful Pretend-
^^^1 ers to the Crown, the Tiile of Conqueii (to intro-
^^^L^ c!uce that abfolutc Power of a Conqueror^ wjj
^^Hr claimed ; and the Staiutc of Magna Charta, and
^^^■r other Statutes mentioned in our Petiihfi, do prlnci-
^^^f pilly limit that Power. 1 hope it is as lawful for
^^^ me to cite a 'jefiit^ as it is for Dr. ManwaTtng to
r faliify him ; Saiw^s, in his lirft Book, dt Legibust
I Ca^. jy. delivereth his Opinion in ihefe Words,
I Ainplitudo W ReflriSlia Potejlath Regwn, circa ea
qua per fe mala vel injujh nan fant, pendent ex Af
biiria haminum, i^ ex amiigua ConvenluHe, vel Pac-
te, inter Jleges £tf Regnum.- And he farther expref-
feth his OpMnion, That the King of Spain was ft>
abfolute a Monarch, that lie might impofe Tribute
I without Conlenl of his People, untill about zoo
^^^ Years fince ; when it was concluded, between hinj
^^^ and his People, that without Confent of his People
^^H by ProxieS) be Hiould not impofe any Tribute.
^^^1 And Suarez^s Opinion is. That, by that Agree-
^^^^ mcnt, the Kings of Spain are bound to impofe n6
^^^1 Tribute without Confent.
^^^1 ' And this Agreement ihnt Author calls a re-
^^^H jlraining of that Sovereign Power. The Statutes
^^^1 then, mentioned in our Petitisn, reHraining that
^^^H abfolute Power of the Conqueror ; if we recite
^^^P thofe Statutes, and fay, vit have entire that Scve-
^^^^ feign Power, we do take away that ReHraintv
which is the Virtus and Sirengrh of thofe Statutes }
I snddohereby letat LibetiyikisClaim of Sovereign
I Power of a Conqueror, vvh.ch llicn will be limiT
ted
Of E N G L A N D. laj
ted 2aid rellrained by no Laws : This may be th^ Aa.4.Ch«kii,
Danger of the Word Entire. »•»»•
• The next Word dehvcred by the Lords as ob«
fervable, h the Particle tbat.^ And it was (aid»
That all Sovereign Power is not mentioned to bo
left, but only that with which the King is trufted
fer our ProteAion, Safety, and Happinefs : But 1
conceive this to be an Exceptbn of all Sivireigm
Power ; for all Sovereign Power in a King, is for>
the Protedion, Safety » and Happmefs of his People.
If all Soverdgn Power be excepted, you may ea-
fily judge the Confequence ; air Loans and Taxei
being impofed by Colour of that Sovereign Power.
* The next Word is tn^ied^ which is very am-
biguous ; whether it be meant trufted by God only^
as a Conqueror ; or by the People alfo, as a King i
who is to govern alfo according to Laws, ex Pa&$.
In this Point, I will not prefume to adventure fur^
ther ; only I like it not, by reafon of the doubt&il
Expofitbn it admits.
^ I have likewife confidered the Propofition it-
ielf, and therein I have fallen upon a Dilemma#
That this Addition fhall he conftrued, either to re-
fer unto xht Petition^ or not : If it. do not refer unr
lo the Petition^ it is meerly ufelefs and unneceflary^
and' unbefitting, the Judgment of this grave and
great Affembly to add to a Petition of this Weight.:
If it hath Reference vmo it, then, it deilroys not
only the Virtue and Strength of our Petition ef
Right y but our Rights themfel ves : For the Additionp
being referred to each Part of the Petition^ will ne*,
eeflarily receive this Conftrudlion, zHz. •
' ^ That none ought to be compelled to make any
Gift, Loan, or fucb like Charge, without commoo
Confent, or Ad of Parliament ; un!e(s it be by tbo
Sovereign PrnMr^ with which the King is trufted
(or the Protection, Safety, and Happiness of bis
People :«— That none ought to be compelled to
iqjourn or billet Soldiers, unlels b'j; the fame S^ve^
tjigvPmverc-^Andfo of the rcftof the Righis con-
stained in the Pr///iw..- . . • . ^ ^ .. .
126 The Parliamentary HrsTORy
ile.4 cwittt, < Then the moftfavourablcConftruftionwillbe,
'"*' That the King hath an otdinary Prerogative, and
by that he cannot impofe Taxes, or imprilbn; that
U, he cannot impofe Taxes at his Will, or imploy
them aa he pleal'eth : But that he hath an extraor-
rfinary and irani'cendent Sovereign Power, for the
>Proieftion and Happinefs of his People ; and for
fuch Purpofe he may impofe Taxesi or billet Sol-
diers as he pleifeih. And we may afliire ourfeives,
that hereafter all Loans, Taxes, or Billeiing of Sol-
diers, wili be faid to be for the Proteftion, Safety,
and Happinefs of the People : Ccitainly, hereafter,
it will be conceived, that an Houfe of Parliament
would not have made an unneceflary Additkn lo
i! this Peliiion tf Right ; and therefore it will be re-
iblved, That the Addition hath Relation to ihe Pe-
IF t'tten, which will have fuch Operation as I have
^^H formerly declared : And I the raiher fear it, becaufe
^^^h the late Loan and Billeting have been declared to
^^^1 have been by Sovereign Power, for the Good of our-
^^^^ lelves; ard if it be doubiful whether this Propofi-
^^^E (ion hath Reference to the Petiiicn or not, I know
^^^1 who are to judge whether Loans or Imprifonmcnta
^^^^ bereaficr be by that Sovereign Power, or not ?
^^^B * A Parliament, whichis afiodymadeupoffeve>'
^^^1 ral Wits, and may be diilblved by one CommifHon,
^^^H cannot be certain lo decide this Queltion : Wecan-
^^^E not refolve that. If the Judges Ihail determine the
^^^B Words of the King's Letter rend in this Houfe, re-
^^^1 citing, 'that the Cauje of Commitment may ie fuch,
^^^P that the "Judges them/elves have net Capacity of 7a-
^^^ d'uatvre, nor Rulei of Law to dire£t and guide their
"Judgmenti in Cafes of that tranfcendent Naturt;
why then the Judges, and the Judgments may be
eafily conjeftured. It hath been conieficd by iho
King's Counfel, that the Statute of Magna Charfa
binds the King, then it binds his Sevrreigrt Power^
and here is an Addiljui of Saving the Kin^s Scvtx
reign TrMcr.
* I (hall next endeavour to give fome Anfwer t«
Vh& Keafbns given by the Lotds^
0/ E N G L A N D. i a? ^
' The FJrJI is, That it is ihe Imemion of boili a„.^ ci.u1«!,
Houfes, to mainiain tbc jufl Liberty of the Subjeift, Hit.
and not [oditniniihthe juftPowerol'lhcKingj and
therefore the Expreifion of that Intention in this Pe-
tilio'i, cannot prejudice us. To which I anfwcr:
' Firft, Thatour Jniertion was, and i?, as we
then profefled -, and no Man can aflign any Parti-
cular in which we have done to the conirary ; nei-
ther have we any Way iranfgren'cdt in that Kind,
in this Pif(i/;M : And if we make i\\\i Jddiiim lo
the Ptiitkn, it would give fome Intimation, that
wc have given Cauie or Colour of Offence therein j
which we deny, and which if any Man conceive fo,
let him affign the Particular, that wc may give An-
swer there unto.
■■ * By our Peihm, we only defire our panicular
Rights and Liberties to be confirmed to us ; and,
therefore,it is rot proper for us lo mention therein
Scveriign Power in genera!, it being altogether im-
peitinent to the Matter of t!ie Ptut'm.
' There is a great Difference between the Wojds
of the Adiiiiion, and the Word?! propofcd ihcrcui
as the Reafon thereof, viz. hetween jiift Power,
which may be conceived to be limited by Laws ;
and Sovereign Pewtr^ which is fuppofed to be iranf-
ccnilenl and boandlefs.
' The fecond Reafon, delivered by their Lord-
ftiips, was, That the King is Sovereign ; that as
he is Sovereign, he muft have Power, antllhat this
Struerdgn Pkuct is to be left : For my Part, I would
fo leave it, as not to mention it ; but if it fhould be
exprefledtobelcft in this /•«./»«, as ilispropole(i,n
muft admit fomcihing to be left in the King of what
we pray, or at leaft admit fome Swereign Pffwer in
his M ijefty, in thefe Privileges which we claim to
be our Right ; which would frultrate our Puitim
Ipd deflroy our Rig^t, as i have formerly Ihewed.
T * The third Real'on given for this ^(ii^CiffM, was.
That in the Statute of Artimti fuper Cbartas, there
is a Swing of the Stigniory of the Crown.
* To which 1 give this Anfwer, That Miigna
^jStertt W3! eoalitmeJ above thirty Tin:e3> and a
g'^nerat
1 2 8 The Tarliiwiettary H i s T o r r '
An. 4. ctaria [.general Saving was in nwie ef thefe Afls of Con-
. '***■ firmation, but in ihis only ; and I fee no Caule we
fliouli follow one ill, and not ihinygood Prece-
dents; and ihe raiher, beeaufe tliat Saving produ-
ced ill Effefls, that are well known,
' That Saving was by Aft of Parliament; the
Conclufion of which Adt is. That in all thofe Cafes
ihe King did well, and all thofe that were at the
making of that Ordinance did intend, that the Right
and StignioTy of the Crown (bould be faved ; By
whith it appears, (hat the Saving was not in the
. Peiitien of the Commons, but added by the King ;
ior in the Petitsan, ibe King's Will is not exprefled.
' In that Ail the King did grant, and part with,
10 his People, divers Rights belonging 10 his Prero-
gative; as, in the lirft Chapter, hegranied, That
itie People might chufe three Men, which m^t
have Power to hear and determine Complaints
madeagainft thofe that offended in any Point of
Magna Charta ; though ihcy were the King's Of-
ficers, and 10 fine and ranfom them : And in the
)i, 1 2, and 1 5 Chapters of that Statuie, the King
parted with other Prerof^atives; and therefore thcte
miglit be fomc Reafon of the adding of, that Save-
rtjgn Power, by the King's Council: But, in this
Pelilion, we di;iire nothing of the King's Preroga-
uve i' but pray the enjoying of our proper and un-
doubled Rights and Privileges; therefore there is
l^_ no Caudt to add any Words, which may irtiply a
^^^ Saving of [hat which concerns not the Matter in
^^f Ihe PetUioti.
^^^ * The foutih Reafon given by their Lordfliips,
was, That by the Mouth of our Spcalcer, we haw,
in [his Parliament, declared, That it was far from
our Intehtion, loincroach upon his Majefty's Pre-
rogative; and thai, therefore, it could not preju- "
dice us, to mention the fame Relbluiion in an jU-
ditisn to this Petition.
' To which I anfwcr, That that Declaration
■w:i3 a general Anfwer to a Mefl'age from his Ma-
jclly to us, by which his Majelty exprelTed, Thai
tie would not have his Prerpgative ftjaiKoed by any ,
0/ E N G L A N D. up
tiew Explanation of Magna Cbarta^ or the reft of Air.4.Char;ei;.
the Statutes : And, therefore, that Exprcffion of «^»*'
our Speaker's was then proper, to make it have Re-
ference to this Petition j there being nothing therein
Contained but particular Rights of the Subjed, and
nothing at all concerning bis Majefty's Preroga*
tivre.
* Secondly^ That Anfwer was to give his Ma-
jefty Satisfia£lion of all our Proceedings in general s
and no Man can aflign any Particular, in which we
have broken it ; atid this Petition juftifiesiifelf, that
in it we have not offended againft our Proteftaiion :
And I know no Reafon why this Declaration (hould
not be added to all the Laws we fhall agree on, in
this Parliament, as well as to this Petition.
* The laft Reafon given, was. That we have
varied in our Petition from the Words of Magna
Charta ; and therefore it was very neceffary, that
a Saving fliould be added to the Petition.
' 1 anfwer, That in the Statutes of 5. 25. and
28. Edward III. and other Statutes, by which
Magna Charta is confirmed, the Words of the Sta-
tutes of Explanation differ, from the Words of
Magna Charta itfelf ; the Words of fome of the
Statutes of Explanation being. That no Man ought
to be apprehended, unlefs by Inuidlment, or due
Procefs of Law 5 and the other Statutes differing
from the Words of Magna Charta in many Par-
ticulars ; and yet there is no Saving in thofe Sta-
tutes, much lefs ftiould there be any in a Petition
of Right.
* Thefe are the Anfwers I have conceived to the
Reafonsof their Lordfliips; and the Expofiiion, I
apprehend, which muft be made of the propofcd
Words, if added to omx Petition. And, therefore,
I conclude, that, in my Opinion, we may not
confent to this Addition^ which yet I fubmit to bettor
Judgments.'
»
On the 19th the Commons received a Meffage
from the King, importing, only, * That it was
* not his Intent to interrupt them with his Mef*
Vofc. VIII. I * iv^% ^
^
^ 150 The Parliamentary History
AB.4.Charle8i/ fages ; but, being obliged to go to P^f/^Bd?«/A, in
1628. * a Day or two, on preffing Occafions, he defired
' they would proceed with the Bufinefe, tbey
* wfere upon, with all Expedition.'
This Meflage was no fooner delivered, than tbey
Farther Pr»ceed- agreed lO fend to the Lords, to have a fnsc and a
H^uf« wiatin "^^^"^1 Conference with them, about the ExcepHons
toThe'prtition^ their Lordfhips had taken to their Petitim^ zb well
of Right. as the Additional Claufiy proi^fcd at the laft C6q-
ference ; to which, they faid. They were urged
by a gracious Meflage from his Majefty.
This Conference was hfeld the fame Day^ and
the feveral Alterations again debated between them j
but no Conclufion was made of the Buiine6, for
that Time 5 nor at another Conferener> the next
Day, on the fame Affair.
Mdy 2 1 ft, the Lord- Keeper delivered a Meflage
to the Lords, from the King to this Purpofe.
* That his Majefty had conimandcd him to let
* them know. That he difccmed all his Affairs de-
* pended upon the Refolution of that Houfe touch-
* ing the Petition : That his Wants were great and
* prefling, ?iV{^\i\mk\i xo go ihoxiXy to Poptfmouthi
* therefore, he defired, before his going, to fee hi»
* Bufinefs in Forwardnefs; arxl expedted, that they
* would refolve, that Day, whether they would
* join with the Houfe of Commons or not.*
The Lords, having taken this Meflage into Con-
fideration, returned for Anfwer, by the Duke Of
Buckingham^ That they had fer^t to the Commons
to require an immediate Conference about kj and
their Anfwer was. That they could not, conveni*
fentfy, meet 'till the next Morning.
But it was not till May 23d that this Conference
was held ; and in the Afternoon of that Day, the
Lord-Keeper was ordered to report one Part of the
Conference, and the Lord-Prefident the other. It
is to be ohferved. That the Lords had given up all
lhe^r Alterations of the Petition^ and now ftuck
10 ibc AJdiiional Ckufey only, before- mentioned.
The
0/ E N G L A N D. 131
The Lord-Keeper began and reported his PartAa.4.charlai.
of the Conference, delivered in a Speech from Mr, '^>'«
GknviUej to this Purpofe.
I Am commanded by the Houfe of Commons, The LorI Keep-
to deliver unto your Lordfhips their Reafons,"'* ^^po^ of
why they cannot admit of the Additm tendered SI;i9^^?^*«
unto them by your Lordibips. the A^don
* But for an Introduftion to the Bufinefe, pleafe "»<*« ^ <^
you to remember. That a Petition of Right was^"***'
dewed to your Lordfliips, wherein we defired you
would join with us 5 a Petition^ my Lords, fitting
for thefe Times, grounded upon Law, and feek*
ing no more than the SubjeAs juft Liberty.
* This Petition confiftelh of four Parts : Tlie
firft, touching Loans, .Aids, and Taxes: The fe-
condy touching Imprifonment of Men's Perfons :
The third, touching Billetting of Soldiers : The
fourth, touching Commiflions ifllied for martial
Law, and put in Execution upon feveral Perfons.
* Groaning under the Burthen of thefe, we de-
fire Remedy, and wifli your Lordftiips would join
with us ; which you having taken into Confidera-
tion-, we muft confefs have dealt nobly and freely
with us, not to conclude any thing till you hear
our juft Reafons; for which we thank your Lord-
fhips, and hope you will value thofe Jleafons,
which We fhall now offer.
* The Work of thb Day will make a happy
Iflue, if your Lordfliips pleafe to relinquifli this,
as we formerly, upon Conference with your Lord-
Ihips, have done fome other things : For the Pro-
pofition, my Lords, we have debated it thoroughly
in our Houfe; and I am commanded to deliver
umo you the Reafons, why we cannot infert this
Glaufe. Neither your Lordfliips, nor we, dcfire
to extend Liberty beyond its due Bounds, nor to
incroach upon the King's Prerogative.
* The firft Reafon I am to lay down is touch-
img Sovereign Power J which I befeech you not to
accept as mine own, being but a weak Member of
' 13a TheTarliat^entaryHisTOKY
An. 4. Charles I. thlt ft rong Body ; but, as the Reafons of the whole
i6»8. . Houfe,, upon great and grave Confiderations. i .
* Firft, my Lords, the Words Scvere'gn Power ^
bath either Reference or no Reference to the Pe-
tition : If no Reference, then fuperfluous 5 if a Re-
ference, dangerous, and -operative upon the Piti^
tion : And we think your Lordfhips Purpofc is not
to offer unto us any thing that may be vain, or to
the Hinderance of any thing wherein you have
already joined with us. The Petition declareth the
Right of the Siibjeft, which yet may be broken by
the Words Sovereign Power ^ and fo the Virtue of
the Petition taken aWay : The End of the Petition
is not to inlarge the Bounds of Law j but, their Li-
berties being infringed, to reduce them to their an-
tient Bounds : And fhallwe, by admitting of thefe
Words, Sovereign Piower, inftead of curing the
Wound, launch it, aod cut it the deeper?
' The next Point is the Word intrufted j a
Word of large Latitude and deep Senfe, We
know there is a Truft vefted in the King, but
regulated by Law ; we acknowledge that in penal
Statutes, the King may grant another Power to
difpenfe with the Law : But Magna Cbarta^ in-
iiiding no Penalty, leaverh no Truft; butclaim-
eth its own Right ; therefore the Word intrujled,
would confound this Diftindion.
* Our next Reafon is, We think it abfolutely
repugnant to any Courfe of Parliament, .to put a
Saving to the Petition: 'In former Times, the
Courle of petitioning the King was this. — ^The
Lords and the Speaker, either by Words or Wri-
ting, preferred- their Petition to the King; this
then was called the Bill of the Commons, which
being received by the King, Part he rejefted and
put out, other Pari, he ratified ; and as it came from
him it was drawn fiitoa Law : But this Gourfe, in
the fecond of Hejiry V, was found prejudicial to
the Subject ; and fince, in fuch Cafes, they have
petitioned by Petition of Rights as we now do,
who come to declare what we demand of the
King*, for if we fhould tell him what we (bould
. . not
Of ENGLAND. 133
not demand, wefhould then not ptx>ceed in a par-Ao.4.charieti.
liamentary Courfe. Now for that which is alledg- '^**^'
cd by your Lordfliipsj De Articulis fuper Ciartas^
That, my Lords, is not like this, which is a Saving
upon Particulars ; but this Petition^ confiding of
Particulars, would be cieftroyed by a general Saving.
The faving de Jrticulis fuper Chartas^ are of three
Aids; for ranfoming the King's Perfon, for
knighting the King's eldeft Son, and once for
marrving the King's eldeft Daughter. Thefe, by
the Form of the Petition, Ihew, that they came
in upon the King's Anfwer, and not upon the
Petition; firft then followed the Savings, which
(under Favour^ we think are no Reafons to make
us accept of this Savings being not pertinent to
the Petition.
* The Sututeof 28. Edward I. (which confirm-
ed Magna Charta with a Saving) was, in Fad,
fct afide by the J4th of the fame King, which re-
ftorcd Magna Charta to its firft Purity : And if the
ikid Sutute of the 28th, did lay fomeBlemifh upon
it, (hall we now make the Subjed in worfe Cafe, by
laying more Weight upon it i God forbid !
* In the next Place, your Lordfhips reafon thus,
' That this which you wiQi we would admit of, is
no more than what we formerly did profefs by our
Speaker, when we fent the King word, We had
no Purpofe at all to trench upon his Prerogatives :*
It is true, my Lords, we did fo ; but this was not
nnnexed to any Petition, for, in that manner, we
Ihould never have done It.
' Alid here I am commanded (with your Fa-
vours) to deliver unto your Lordfhips what a learned
Metnber of our Floufe delivered there, touching this
Point (d). * The King (iaith he) and the Subjeft
have two Liberties, two Mannors joining one up-
on another t The King is informed the Subjeft
haih Intruded upon him, but upon Trial it appear-
sih not to be fo ; were it fitting think you, that the
Subjcdt fliould give Security, that he (hould not
incroach or intrude on that Mannor, bccaufe the
I 3 King
fi) Mri Selden, &;e before, Ds ui.
134 TbeTarliaffiefit/iryHisTtijiY
An 4 Charles I. ^'"8 ^^^ ^^^^ informed he did fo? I think ypur
' 1628. ' will be of another Mind.*
* Wherefore I am commanded (feeing w^ (»n»
not admit of this Additim) to defire your Lordfbip^ ,
to join with us in the Petition ; which being grant-
ed, and the Hearts of the King and People knit
together, I doubt not, but his Majefty will be fafe
at Home, and feared Abroad.'
The Lord- Keeper having finifhed his Report of
Mr. GlanviW^ Speech at the Conference, the Lord-
Prefident proceeded to the other, which was ipoken
by Sir Henry Martyn ; and which his Lordfhip re-
ported as follows {e).
My Lords ^
The Lord Prcfi- HT^ H E Work of this Day, wherein the Houfc
dent's Report of J|[ of Commons havc employed the Gentleman
tb*rrcechln"^'^^ ^^^^^ '^^ ^^^ myfelf, is to reply to the.An-
thefamcOcca" fwer, which it hath pleafed the Lord-Keeper to
fion, make to thofe Reafons, which the Commons of-
fered to your LordftiipsConfideration, in Juftifica-
tion of their Refufal, to admit, into their Petitien^
<be Addition recommended by your Lord{hips j
which Reafons of the Commons, fince they have
not given fuch Satisfaftion to your Lordfhips aathey
defired, and well hoped, (as by the Lord- Keeper's
Anfwer appeared) it is thought fit, for their better
Order and Method in replying, to divide the Lord-
Keeper's Anfwer into two Parts ; a Legal, and a
Rational. The Reply to the Legal Part your Lord-
fhips have now heard. Myfidf come inftrudlcd to
reply to the Rational ; which, alfo, confifteth of
two Branches: The Firft d^^duced from the whole
Context of the Additional Claufe ; the Second en-^
forced out of lomc fpccial Words of it.
* In the former are thcfe Reafons why the fame
defcrved to be accepted of by the Commons. Firfi^
Becaufe
(9) Both thcfe Speeches arc taken from a Copy (printed Anna
162S, Sluarto) in our Cblled^ion of Pamphlets, and examined by
the Lords Journals, They are given in Rujbio^rtb {inter p^ 565
»pd ^84.} m a very dift'er^ot Mam)er«
Of ENGLAND. 135
fiecaufe it would afford good Satisfadlion to theAn.^.chsrlwii
King. Secondly^ To your Lordfhips. thirdly. It '^*^'
was agreeable to what the Commons ihemklves
had often pfoteftcd, and cxprefled by the Mouth of
their Speaker.
* To avoid all Mifunderftandings and Mifcon-
ceit herein, which, otherwife, might be taken a-
gainft the Houfe of Commons, upon the Refufal
of the propounded Addition ; I will firft ftate the
Qucftion, and open the true Point of Difference
f>etween your Lordfliips and us ; which, indeed, is
not, as is conceived, touching the Truth of this
Mdithn^ in the Quality of a Propofition : For, fo
confidered, we, as well and as heartily as your
Lordfliips poffibly can do, agree it to be a true Pro-
pofition.
* Wherefore, give me Leave to rehearfc that
Oath, which every Member of the Houle of Com-
xnons hath taken this Seflion ; and doth take every
Parliament, viz.
' /, A B, do utterly tejlify and declare in my Con--
fciente^ That the King^s Eighnefi is the fupreme Go*
vernor of this Realm in aliCaufes^ £sff. and to triy
Power wiU ajjiji and defend all Jurifdi^ions^ Pri^
vilegesj Pre-emwenceSi and AuthoritieSy granted or
belonging to the King^s Highnefs^ or united or annexed
to the imperial Crown of this Realm,
* So that your Lordfliips need not to borrow,
from, our Proteftations, any Exhortations to us to
entertain a Writing in Affiftance of the King's &-
vereign Power: Since we ftand obliged, by the
mofl: facred Bond of a folemn Oath, to aflifl: and
defend the fame, if Caufe or Occafion be required.
* The only Queftion and Difference,, between
your Lordfliips and us, is this; whether this Jddi'^
tion fhall be received into our Petition^ as any Part
thereof; which to do, your Lordfliips Reafons have
not perfuaded us ; becaufe, fo to admit it> were to
overthrow the very Fabric and Subftance of our
Petition of Right. For thefe Words being added
to our Petition^ viz. We humbly prefent this Petiti-
on ta your M^jtjly^ i^c^ with due Regard to leave
entire
^H^ 13^ The Tarliatnentary Hi stor. v
An.A ChMias Lcnlire tbat Sovereig,n Power, i^c. do imply raanl-
j6»8. feftly an Exception to om Peiiiien. And fuch an
Exceplion, as being of the Nature of ihe Thing
whereuDto it is an Exception, [Exceptia (ft de Re-
^^^ guk) rauft, ofNeceffily, dc&voy ibc Petilm ; fo
^^H far as to the Cafe excepted. Ex(eptio ftrmal Rtgu-
^^H lam in Cafibui nen exceplis, in Cafitui ixitpth dejlmii
^^H Rigulam,
^^^1 ' I'hen this Jddilicn, being join'd to our Petilien,
^^H. muft produce this Conftrudion, viz. ' We pray
^^^^ ' EhatnoFreetnan may becompdled,by Imprilbn-_
' • ment, to lerd Money tohisMajefty without hi* ■
* Afient in Parliament; noibe imjirifoned wilhout 1
I ' * a Caufe exprefled j nor receive Soldiers into hi^
^^m^ ' Haufe againft his Will; nor undergo a Commif-
^■IH * lion cf Martial Law for Life and Member^ in
^^^P * Time.of Peace, b'f. excepihis M;ijellybepl(aled
^^V * to requite our Monies, and impriion us without
t ' Caufe iliewed, and put Soldiers into our Houfes,
f ' and execute Martial Law upon us in Time of
L * Peace, by Virti:e of his Ssveieign Pavjer' By
^^■) which Condru^iun, (neceflarily toilowing, upon
^^H this Addhsm] our Right in the Premiffes is annihi-
^^H' lated i and [he Efiedt of the PetUm fruArated.
^^H ' Neither may it fcem llrange, that ihlsJddiim,
^^H [which of ilfelf, in Quality ot a Piopolition, we
^^H confels to be moft certain and IrueJ being added iq
^^^1 our Peihion, (which alfo is true) fhould overthrow
^^H the very Frame and Fabrique of it : Seeing the IjO-
^^^1 gicians take Knowledge of fuch a Fallacy, called
^^H by them, Fdlacia, a btm divifis, ad male conjunHa.
^^^1 ' The fecond Part of my Lord- Keeper's RatiO-
^^H nal Part, was itiferred out of the lalt Words of this
^^^1 , ^ddilm; by which hisLordfhip faid. That ihey
^^^ did not /eave entire all Severiign Power, but that,
^^^ only, wherewith his Majelty is truftcd for thePro-
r teflipn, Safety, and Happiuefs of his People, As
it his,Lord(hip would infer, that ^overeigti Power
I - %ijhit ezyilh, i^c. in this Place to be Terminum
dimii:tieiiteini and in that Confider.ition would
Jnduce us lo accept i[; but under his Lordfliip's
CprreC\ioii, we cannot ib interpret it: ¥a: Fi'ft,
0/f ENGLAND. 137
We are aflured that there is no fuch Diftinflion of AaU-ci»ilai«
Sovereign Power ; as if fome Sovereign Power was *^*^«
for the Happinefsand Proteflion of the People, and
fome otherwife 5 for all Sovereign Poiver^ whether
trufted by God or by Man, is only ad Salutem V
pro Bona PopuR Regi tommtjfa. Secondly ^ In this
Place, thefe Words Sovereign Power^ wherewith his
Majefty is trufted for the Happinefs of the People,
are lo far from having the Force of Termini diminu^
entis, that is, of Words of Qualification or Limi-
tation; that, in Truth, they are Terms of impor-
tant Advantage againft our Petition ; obliging us,
whenfoever his Majcfty's Sovereign Power (hall be
exercifed upon us, in all or any the Particulars
mentioned in this Petition^ to fubmit thereunto
without further Inquiry ; as taking it pro ConfeJfOy
that it conduced to our Protection, Safety, and
Happinefs.
' Having fpoken this, in Reply to the Rational
Part, whereby the Lord- Keeper laboured to pcr-
fuade us to entertain this Addition ; the Houfe of
- Commons, defirous to gain your Lordlhips abfo-
lute Conjunftion with them in prefenting this Peti-
tion unto his Majefty, hath commanded me to de-
liver thefe Reafons or Arguments alfo unto your
Lordfliips.
* The firft drawn from the Perfons of the Petiti-
oners, the Houfe of Commons; whofe moderate
and temperate Carriage in this Parliament, be it
fpoken without Vanity and yet in much Modefty,
may feem to deferve your Lordfliips Affiftance in
this Petition, ex ccngruo^ condigno: Efpecially if
your Lordfhips would be pleafed to confider the Dif-
contents, PreflUres and Grievances, under which
themfelves in great Number, and the Parts for which
they ferve, lamentably groaned, when they firft
arrived here : And which was daily reprefented un-
to them by frequent Packets and Advertifements,
out of their feveral Counties : All which, notwith-
(landing, h^ve not been able to prevail upon our
^pderaiiop i or, to caufe our Pdliion 10 over rule
QUr
^H 138 T7je 'Parliamentary Hi^roKY
A«.4.Cbiriet1.our Difcrctions: And ihe fame yet contiouetb in
'"*• our Hearts, in our Hands, and in our Tongues ;
asappeareih in the Mould vi ibis Pelitian ; where-
_ in we crave no more, but that we may be better
^^K , treated herealter.
^^H ' My Lords, we are not ignorant in what Lan-
^f^^ ftasge out Predecefibrs were wont to exprcis them-
Iclvesupon much lighter Provocation j and in what
Stile they framed their Petitiom: No lefs Amends
could ferve iheit Turn than fevere CommiiEons to
i enquire upon-the Violaters of their Liberties; Ba-
nishments of Ibme, Executions of other Offenders ;
more Liberties, new Oaths of Magiftrates, Judge*
and Officers -, with many other Proviiions, written
iu Blood : Yet, from us, there hath been heard no
, angry Words in this Petition ; no Man's Petfon is
named : We fay no more than what a Worm irod-
' deh upon would fay, (if he could Jpeak,) Iptay
tread upm me m more .'
' The fecond Argument, to move your Lord-
Ihipsnot tourge this Addition to be inferred into our
Pelitien, is taken a Cinumjlantia Tempsris. 7htre
is a 7imefcr all Things, faith the l^Je Man ( and
^ a IVordjpekin in due Seafin is Hie apples of Geld in
I Piiiwes ef Silver ; and unfeafonably fpoken'as uo-
k gracious.
I . ' This Time is not feafonable for the faid M-
f ditioii; beca.u(e Sovereign Pr^er mine mn/i audilar.
Some late Influences have made ihe Afpedl; thereof
not to feem fo comfortable and gracious, as hereto-
fore it hath been ; and as it may, by God's Grace,
hereafter be again. In the mean time, ftnce angry
Men fay. That Ssvereign Power hath been abuled,
. . and moderate Men wi(h it had not been fo ufcd ;
^^^ the exprefs Refervalion thereof in our Petition, as
^^H this Addtion would have it, cannot polTibly be Dca-
^^^^
^^^P ' The third Argument is 12 Circumjaatia LOci.
^^" Of all Places the Petition is the woril: 10 fettle this
Addition in ; whith leaveth Sovereign Power entire-
Lf 01 the Piiiiisn, being a 'I'hing that conceine[h
every
I
0/ E N G L A N D. 13^
arery Man fo nearly^ it wHl mn through cveryAm^.CJiarfcii,
Man's Hands ; and e^ery Man will be reading ol iM«
it. In perufiog whereof, when they (hall ftll upon
this Additifnal Claufi^ of the King^s Scvenign Ptwtr^
prefently they will run Defcant upon thefe Words,
Sovereign Power ^ What is the Nature of it? What
the Extent ? Where the Bounds and Limits ?
Whence the original ? What is the Ufe i With ma-
ny fuch other captious and curious Queftions, which
will yield no real Advantage or Advancement to
Sovereign Power. For it was ever held that Sevi"
reign Power then fareth bell, when it is had in an
awful and tacit Veneration ; not when it is under
vulgar Difpute, or popular Examinatbn.
* The fourth and laft Argument is, the Loyalty
and dutiful Care of the Houfe of Commons; who
conceive the Entertainment of this Addition unto
their Petition^ might prove a Differvice to hb Ma-
jefty, to fay no more ; and do therefore refufe it.
* It is true, that, join'd with your Lordfliips, we
make the great Council of the King and Kingdom.
And, albeit your Lordfhips may know other Things
better than wc, yet your Lordlhips will give us
Leave to think, and fay, That the State and Confi-
deration of the feveral Parts for which we fcrve ;
their Difpofitions and Inclinations ; their Apprehen-
fions ; their Fears and Jealoufies, are beft known
unto us. The chiefefl: Scope and End of all our
Endeavours, in this Parliament, is, to make up all
Rents and Breaches between the King and his Sub-
jects ; to draw them and knit them together, from
that Diftance, whereof the World abroad takes too
much Notice \ and fo to work a perfeft Union and
Reconciliation between them.
* To this Purpofe, altho' we right well under-
ftand how the Generality of the Kingdom hath
been impoveriflied, and their Subftance exhaufted,
with late Loans and Contributions, and other ex-
traordinary Charges : Yet we have hot forborn to
exprcfs our Willingnefs to grant Five entire Subfi^
dies ; which is to- take, as it were, five Ounces of
^ood Blood more from them i thereby to make a
real
140 7heTarliaM0ntaryKisro%Y
U.4 Chaiiesl.rcal Dcmonftratbn, to his Majefty, of the true
iHS, Hearts and Zeal of. his People to fupply and fup-
port him in an ample Meafurc, even out of their
weak Eftates and decayed Means : And thereby to
recover and regain his Majcfty's former good Opi-
nion and AfFeftion unto them.
* On the other Side, we have made choke of four
epidemical Difeafes, which efpecially infeft and an-
noy the Body of this Common Wealth, to be pre-
fented unto his Majefty in this Petitm : The very
View and Relation whereof cannot (as we affure
ourfelves) but make fuch an Impreflion on his Ma-
jefty*s Royal Heart, as will eafily move Compaf-
fion ; and, with Compaffion, a ready Aflent in his
Majefty to eafe and free his good Subjefts from all
Scnfe of the prefent, and Fear of the like Evils
hereafter': And confequently beget in the Subjcfts,
fo eafed and freed, a reciprocal and mutual Propor-
/ tion of Love and Thankfulnefs.
* Now if, infteadof fuch a clear Refolution from
his Majefty, for their prefent Relief and future Se-
curity; the People (hall obferve, in the Conclufion
of this Petition^ fuch a Refervacion of Sovenlgn
PovjcTi as will not only revive the Memory of paft •
Sufferings, but alfo minifter juft Sufpicron, that in
Time to come, when it {hall pleafe the King to
make Ufe of his like Sovereign Power^ they may
undergo the like Calamities again : We appeal to
your Lordfliips Wifdom, whether the Petition be
likely to produce the good Ends which we defirc
and propound unto ourfelves? Nay, I will befeech
your Lordfhips to give us Leave to ufe the Figure
called Reticentia ; that is, to infinuate and intimate
unto your Lordfhips more Mifchiefs and greater
' Inconveniences, that might arife out of the Incerpre-
. ration of this yfddition, than is fafe or fit for us to
utter;.
* Wherefore, fince the Admittance of your
Lordfhips Addition unto our Petition^ is incoherent
^r6 incompatible with the Body of the fame : Smce
there is no neceflarv Ufe of it, for the faving of
\be King's Pcerogaiive; Since the Moderation.. of *
uvir
Of E N G L A N D. 141
our Petit im deferves your Lordfhips chearful Con- An. 4 Cluiilct i
junction with us: Since \\i\s Addition is unfeafon- '***•
able for the Time, and improper in refpcft of the
Place where your Lordflirps will have it' infcrtcd*:
And, laftly, fince it is neither agreeable to thofe for
whom we adl, nor anfwerable to that Love and
Duty which we owe to his Majefty, to hazard a
Matter of fuch unfpeakable Confequence, (as wc
aim at) by admitting this Addition into our Petitimi
I muft conclude with a moft hearty and affec-
tionate Prayer unto your Lordfhips, that you
would be pleafed to join with the Houfe of Com-
mons, in prefenting their Petition unto his Moft
Sacred Majefty, as it is by them conceived, without
this Addition*
Thefc two Reports being ended , the Lords deferred
the Debate on the Reafonscontained in them, to ano-
ther Time : But as the Lord Prcfident had reported.
That the Commons would not have mifliked fuch
a Propofition as the Addition is by itfelf, and fepa-
rated from the Petition^ to which it was no Way
to relate ; the Houfe was therefore moved to treat
with them again, to confider of any other Way,
either by Manifeftation, Declaration, or Proteft*
Another Conference was hereupon defired, to pro-
pofethis; the Refult and Report of which, the
next Day, {May 24.) was,
That the Commons denied to treat of the Ac-
commodation by a Committee of both Houles, as
was propofed by the Lords, for thefe Reafons :
I. * That the Bufinefs was of fo great Weight,
as appears by the long Deliberation thereof, both in
their Houfe, and in the Lords ; and their Strength
confifted in their whole Body, like a Sheaf of Ar-
rows.
IL * Their Houfe was confident, that the Peti^
tion^ rightly taken, needed no A<l:commodation.
III. ' Their great Defire to give Satisfaflion to
his Majefty, and to his prefling Occafions, with all
poffible Speed ; which would be deferred by this
Treaty of Accommodation : Wherefore they de-
fit^d
^^ r42 The "Parliamentary History
*n.4,ciiirfcii. fired ihclr Lordfhips to conlider this, and alto the
'*'*■ Cicarnefs of their Pelilhn'
After this along Dcbaie enfucd on the Bufincft j
■|^^ but nothing wa? concluded on that Day.
^^H Afay 36. being Monday, the Lords went again
^^^ on this lediouB Affair; when their Committee for
Accommodation was otdered to withdraw, and
confider of fomewhat, at leaft, to clear ihemfelvcs
from any Defign to reftnin the juft Prerogative of
the Crown. Some little Time after they returned,
and brought in a Form of a Declaration which
they had agreed upon % which was read in thefe
,' .Words:
I ■ t May it pltafi your Mojl Exctlltnt Mtvifly^
\ .' ■. ^Tl/"^ ^^* ^°^^'^ Spiritual and Tempora!, in
* W y°^^ ^^^ Court of Parlhment aflcm-
* bled, do humbly and unanimoully declare unto
* your Majelly, that our Intention is not to lefien
* or impeach any Thing, which, by the Oath of
* Supremacy, we have fworn to aiTift and defend.'
This Declaration was read three Time;, put to
Th* Lords it tile Queftion, and aflented to, Nm'me dijfenlientt.
ihdf Ad'"tkT. '^''s Lordaalfo agreed, now, to join whh the Com-
mon?, in their Pciitian of Right, with only rwtt
fmall Alterations, which the latter had before ad-
mitted of. Another Conference was then required j
in which the Lord Keeper dcliveicd himfelf u
follows ;
GentUmeti, .. I
Thei^rdKefp-'\7'E that ate Knights, Citizens, and Burgcfles 1
ei-iSp«i:hto j[ of the Houfe of Commons, I have many
UwcfipMT'"" Times, in this Parliament, by Command from my
Lords, declared the great Zeal nod Aifeflion. which
my Lords have to maintain and nourifli the good
Concurrence and Correfpondency, which hath hi-
therto continued between both Hotifes ; that there
might be a happy Iflue in this great Bufinefs, for the
tjinmun Good of the King and Kingdom. Now,
that
Of ENGLAND. 143
that which I have to fay this Day from my Lords, An.4.cbariet|i
is to let you know, this fair Proceeding is not a Pro- ***••
feffion of Words only ; but really and indeed, con-
cerning the PitiiicHy which hath been long in Agi*
Ution, as the Weight of the Caufe required.
' Since the lafl: Conference, my Lords have taken
it into their ferious and inftant Coniideration ; and
at length are fallen upon a Refolution, which I am
to acquaint you with.
* The Lords have unanimoufly. agreed with yoa
in omnitusy and have voted, that they will join
with you in your Petitmy with the only Altera-
tion of the Word Meansy to be put inftead of the
Word Pritext 5 and for the Word unlawful to be
put out, before thefe Words, not warrantable fy
the Laws and Statutes of this Realm-: Which two
Alterations yourfelves confenied unto (f).
^ So that concerning this Bufinefs there remains
nothing now, but that, having the Petition in your
Hands, ye will, if ye have not already, vote it as
they have done, and fo prepare it for his Majefty ;
and my Loids will take Order, that the King be
moved for a fpeedy Accefs to prefent the fame to
his Majefty.
After fome Paufe, he laid, * There refts one
Thing which my Lords have commanded me to
add. That, in regard this Petition toucheth upo»
certain Charges raifed by the Lords Lieutenants,
and other Perfons, many Times for good Ufe, for
the Service and Safety of the Kingdom ; ye take
it into your Care and Confideration, and provide
a Law for afleffing of fuch Charges, as the Occafion
of the Time Iball require.'
But before this Conference was held, the Lords
Ifnt the Duke of Buckingham to the King, to know
when his Majefty would be plea fed to admit their
Houfe to deliver the Declaration unto him ; who,
foon returning, his Grace faid, '. That this was fo
welcomca Thing to his Majefty, that he had ap-
pointed the Lords to come prefently.' Which, we
fup.
4./} SccAe fccoQd ?9X9iffi^hQfthQ Pitition of Ri£^kf, p. 147*
! 144 Ths 'TailiameNtary HisroKT
An. 4.cii«jeii. fuppofe was done; bul nothing more is enicred in
161S. the Jcurnah about it.
The next Day (Mtiy 27.) The Commons fent
[ a Meflage to the Lords, by Sir Edward Coke, and
> others, 'Torenderihemtheir mod hearty Thanks,
I for their noble and happy Concurrence with them
all this Parliament: And they acknowledged that
their Lordlhips had not only dealt nobly with them
in Words, but alfo in Deeds.' i
* That this Petitidn, which ihey were now to de-
liver, contained the true Liberties of the Subjects of
England, and a true Expofition of \\\G.Great Chat-
ter ; not great for the Words thereof, bat in re-
fpe£tof the Weight of the Matier contained there-
in, the Liberties of the People: That their Lord-
{hips concurririg with the Commons, had crown'd
the Work j and therefore they doLibled not, but as
the firft Parliament of King Jamts was called felix
Parllamentumt io this might be juftly ftiled Parlia-
mentum benedi£fum. Sir Edward concluded with
the humble Defireof the Commons, that the Lords
would join with them to befeech his Majefly, for
the more Strength of this Petition, and the Com-
fort of his loving Subjefls, to give a gracious An-
fwer to the fame in full Parliament,' This faid,
he delivered the Petttkn of Right, fairly engrofled ;
and then they withdrew into the Palmed Chamber.
The Petiticn was read once, and afterwards, the
Mellengers being called in again, the Lord Keeper
told them, ' That the Lords had taken ilieir Mef-
TTie Petition cf fage Into Confiderstion ; and, as they had concur-
V^bo^ih Houfes? '^^ '" ^^^ Subftance, fo iikewife they defired to do
in Circumftance; But, becaufe they think it will
be fomewhat long to debate the Manner of deliver-
ing this Petition to the King ; and the laft, Defire of
the Commons was to avoid all Delays, they faid
they would fend to them by Meifengers of their
own.' And, the fame Day, the Lords fent to ac-
quaint the other Houfe, That they had read the
Petiiisn three Times, and iiad voted it with one
unanimous Confent.
Mej
«
I
Of E NG L<A N D. 145
May 18. The Lords fent a Dq)utation of foqieAo. 4^Ch%^i.
f their Members to wait upon the King, to know '*
^he Time when hb Majefty would pleafe to be
^waited on by both Houfes, with their Petition i
^vho appointed Three of the Qock that Afternoon
for that Purpofe. Then it was agreed. That thi
lx)rd Keeper fliould only fiiy, on the Delivery,
* That he was commanded, by one unanimous
Confent of both Houfcs of Parliament, now aflem-
bled, to prefent unto his Majefty an humble Peti-
tion of Right ; that he was not to trouble him with
any additional Preface, but only defire Leave to
read it : And that it was alfo the Defire of both
Houfes, in refpcd of the great Weight of the Bu-
finefe, for the ftrengthning of it, and for the more
Comfort of his loving People, that his Majefty
would pleafe to give his Affent in full Parliament.'
May 29. This Day the Lord Keeper acquainted Aad delivered to
the Lords with the Delivery of the Petition to the^^ ^»»«
King ; and alfo reported a Mefilige to them, from
his Majefty, to this Effedt : * That the King, ha-
* ving now received the Petition of both Houfes,
* had commanded him to fignify to the Lords, that
< he had refolved to give an Aafwer thereto with
< Speed, having af Defire to iinifh this Seffion as foon
< as might be : Therefore it was the King's Plca-
< fure to have no Recels at fFhitfuntidey but to fit
« on and difpatch Bafinefs ; which he thought to
< tell them now, before any were gone Li Expec-
< tation of a Recels. '
June 2. The King came to the Houfe of Lord?,
and, being feated on the Throne, the Commons at'*
tending, his Majefty made the following {hort
Speech to both Houfes.
Gentlemen,
Am come hither to peiform my Promife (g). I think His Majefty's
no Man can think it long^ fince I have not /<iyf,v;Sp<wchupon ih»i^
fi many Days in anfwering the Petition, as ye havg^^^^^^'
Vol. Vlfl. K jpe:^
(g) In Rufrworth it w called D»f Xhert- ar« fevciai c€b«r
/
146 The 'Tarlhnnentary History
A.Jpent IVeeki in framing it : And 1 am come hither is
jbew you, that, as well in farmal Thi'igs as ejfential,
I dijire to give you as wach Content as in ine lies.
After this the Lord Keeper fpake as followeth :
My Lords, and ye the Knightj^Citizens^ and Bur-
gejfes of the Hsufe of Commins,
HIS Majefty haih commanded me to (ay uii-
lo you, that he takes in good Part, that in
conlidering how to fettle your own Liberties, yc
have generally profefled in both Houfes, that ye
h.iwe no Intention 10 lellen crdiminiDi his Ma-
jefty's Prerc^ative ; wherein as you have declared
and cleared yourown Intentions, fo now his Ma-
Jefty comes to clear his; and to ftrike a fifjn
League with his People, which U then moll
likely 10 be conftant and perpetual, when the
Condilions are equal, and known to be fo.
' Thefe cannot be in a more happy Eflate, than
when your Liberties fiiall be an Ornatnert and a
Strength to his Majefty's Prerogative, and his Pre-
rogative a Defence of yout Liberties; in which
his Majefty doubts not, but both he and you {h'lill
lake a mutual Comfort hereafter ; and, tor his
Part, he is refolved to give an Example, and lb
to ufe his Power, that, hereafter, ye fhall have
no Caufc to comfjlain.
' This is the Sum of that which I am to fjy to
you from his M.ijcfty : And that which farther
remains, is, thit you he.ir your own Pctiiion
read, and his Majefty's gracious Anfwcr.'
f The Petition exhbited to his Majesty by
the Lords Spiritual and Temporal, and
Commons in this prefent Parliament aHembled,
concerning divers Rights and Liberties
of the Subject, with the King's Royal
Answer thereunto in full Parliament.
To the King's Moft Excellent Majesty.
TJUmbly fhew unte our Severeigfi Lor^ the ^i'lg,
*3 the Lords Spiritual and lemporal, and Com-
n.oiis, in Parliament aO'embltd, ihot whereas it is
Of ENGLAND. .147
Declared and EnaSfedj by a StatuU made in /A^An. 4. Charles i.
Reign of King Edward I. cornmsftfy called SMMtum '^iS*
de Tallagio non concedendo, That no Tallage or Aid
J})all be laid or levied^ by the King or his Heirs ^ in this
Realm ^ without the Good- will and Affent of the Arch^
bijhops^ BiJbopSj EarlSy Barons^ Knights^ Burgeffes^
and other the Freemen of the Commonalty of this
Realm : And by Authority of Parliament^ holden in
the z$th Tear of King Edw. III. // // Declared and
Ena^edy That from thenceforth no Perfon Jhall be
compelled to make any Loans to the King againfl his
Willy becaufe fuch Loans were againji Reafon and >
the FrancUfes of the Land. And^ by other Laws of
this Realm^ it is provided^ That none Jhould be char-
ged^ by any Charge or Impofition called a Benevolence,
nor by fuch like Charge ; by which the Statutes before-
mentioned^ and the other the good Laws and Statutes
of this Realm ^ your SubjeSfs have inherited this Free*
domy That theyjhould not be compelled to contribute ta
any TaXy Tallage^ Atd^ or other like Charge^ not fet ' 1
by common Conjent in Parliament :
Tet neverthelefsy of late^ divers Commijfioniy direSf'
ed to jundry Commiffioners in fever al Counties^ with
InJlrudlionSyhave ijfhed^ by [Pretext] Means whereof
your People have been in divers Places ajfembled^ and
required to lend certain Sums of Money unto your
Majefty^ and many of them^ upon their Refufal fo to
doy have had an [unlawful] Oath adminijlred unto
them^ not warrantable by the Laws and Statutes of this
Realmy and have been conjlrained to become bound to
make Appearance^ and give Attendance before your
Privy Council^ and in other Places y ana others of
them have therefore been imprijonedy confined^ and
fundry other Ways mokjled and dijquieted : And di-
vers other Charges have been laid atid levied upon your
People^ in feveral Counties^ by Lords Lieutenants^
Deputy Lieutenants^ Commiffioners for Mufiersy Ju^
Jfices of Peace ^ and others^ by Command or Direhion
from your Majefly^ or your Privy Council^ againji the
Laws and free Cujloms of this Realm (h),
K 2 And
ft) Tl;e Words, in Crotchtts, were altered by the Lords, Sctr
%^of, p. uCx.
1 48 Tl^e Parliamentary Hi s T o n y
Ao. 4. Charts 1 . And whiTici olfi^ by the Statute called^ The great
i^s. Charier of the Liberties of Englandy it is Declared
and Ena^iedy That no Freeman mof be taken or im-^
prifonedy or be dij/eized of bis Freeholds or Liberties^
or his free Cujtomsy or be outlawed or exiled^ or in
any Manner dejlroyed^ but bf the lawful Judgment
of his Peers^ or by the Law of the Land{t):
And in the 28/i Year of the Reign of King Ed-
ward III. // was Declared and Enafted by Autbo^
rty of Parliament^ ^at'no Man^ of \obat EJlati
or Condition that he be, fbould be put out of his Landk
or ^enementSj nor taken^ nor imprifoned^ nor dijberi-;
ted^ nor put to Deaths without being brought to aii»
fwer by due Procefs of Law :
NeverthelefSy aga^nfi the Tenor of the faid Sta*
tutiSy and ether the good Laws and Statutes of your
Realm^ to that Endprovided{Jk)y divers ofyourSubje^s
have of late been impri fined ^ without any Caufefhew'^
ed\ and when^ for their Deliverance^ they were
brought before your Jufices^ by your Mcqefty\s Writs
of Habeas Corpus, there to undergo afld receive at
the Court fjould order ^ and their Keepers commanded
to certify tie Caufes of their Detainer^ no Caufe
%uas certified^ but that they were detained by your
Majejlfs fjiecial Command^ fignifiedby Ae Lords rf
ycur Privy Council; and yet were returned back toje-
vera! Pi ifons^ without being charged with any Things
to ivhich they might make Anfwer by due Procefs of
Law,
And whereas of late^ great Companies of Soldiers
and Mariners have been difperfed into divers Counties
if the Reahn^ and the Inhabitants ^ againf tbeirPf^ils^
lave been compelled to receive them into their HoufeSy
and there to fuffer them to fojourn^ againfi the Laws
and Cujloms of this Realm^ and to the great Grie»
yame and Vexation of the People :
And whereas, alfoj by Authority of Parliament ,,
in the twenty 'ffth Tear of the Reign of King Ed-
ward J II. /'/ is declared and ena^ed^ That no Mitn
Jhall be fore -judged of Life or Limb againfi the Form
(i) 9. Henry ML .Cap,, %^»
(kj 37. Eutuard Hi. Cap. 18.-38. Cap, 9«*-^42. Cap, J.
-»— 17. Richard li» C#/, 6»
0/ E N G L A N D. 145?
ifthi Gnat Cbariir, and other ihi Laws and Sta- An. 4 Chniei i.
tut€S tfihk Realm : And by tbefaid Great Charter^ '^*^*
and other the Laws and Statutes of this your Realm^
no Man ought to be adjudged to I>eathy but by the
Laws eftaHiJhid in this your Realrn^ either bf the
Xiujioms of the fame Realm^ or by ASfs of Parlia*
ment (/); And^ whereas <» no Ojffender of what Kind
fiever^ is exempted from the Proceedings to be ufed^ and
Punijhments to be inflicted by the Laws and Statutes
of this your Realm : NeverthelefSy ef latey divers
Commiffionsy under your Majejlfs Great Seai^ have
iffiied forthy by wMch^ certain Perfons have been af-
Jigned and appointed CommiJJioners with Power and
Authority to proceed^ within the Land^ according to
the yujlice of Martial Law againjl fiich Soldiers and
Mariners^ or other diffilute Perfons joining with tkem^
as Jhould commit any Murder y Robbery ^ Felony, Mu-
tinyj or other Outrage or Mi/demean^ whatfoever ;
and byfuch fiimmary Courfe and Order ^ as is agree-
able to Martial Ijiw^ and is ufed in Armies in Time
rfWar^ tb proceed to the Trial and Condemnation of
filch Offender Sy and them to caufe to be executed and
put to Death, according to the Martial Law :
^y Pretext whereof fome of your Majeflfs Sub-
je^s have been^ by fome oftbefaid Commifjioners^put
to Death ; when and where ^ if by the Laws and Sta-
tutes of the Land they had deferved Deatby by the
Jame Laws and Statutes alfo they mighty and by no
other ought to have been adjudged and executed :
Andy alfoj fundry grievous Offenders by Colour
thereof y claiming an Exemptimy have cfcaped the
Punijhment due to them by the Laws and Statutes of
this your Realmy by Reafon that divers of your On-
cers and Minifters ofjufiice have unjuffly refufedy
orftrborn to proceed againjl Juch Offenders y according
to the fame Laws arid Statutes^ upon Pretence that
the faid Offenders were puni/habl'e only by A^artial
Law, and by Authority of Juch Commifftons as afore-
Jfid ; which CGmmiffions^ and all others of liKe Na^
ture, are wholly anadii ei^Jy conirary to thefiid Laws
and Statutes of this your Realm :
K3 r%
(I) %$, Edvfdrd III. Cap. 4. — »8. Cn^. y
?
4
^^ ijo TyjeTarJiameutaryHisroKT ^
An. 4. Ch>rltt t. 2*^0' ^' tbirt/ore, humbly, pray your weft txcel-
i6j!. Unt Majefty, That no Man hereafter hi {ompilled to
moke, sr yield, any Gift, Lean, BenevoUnce, Tax,
er fiiih Hie Charge, without csmmsn Csnfenl by Ad
ef Parliament ; and that none be called to mate An-
finer, BT take pih Oath, er te givs Attendance, or
be confined^ or ciherwije molejiid er difquieted eencem-
Iing the fane, or Jot Refufal iheresf: And that m
Freeman, in any fucb Manner as is before-mentiontd,
he iniprifined or detained : And that your Majejfy will
be pkafed to remove the faid Soldiers and Miiriners-i
and that your People may not befo burdened in Time
to come: And that the aforefatd Commtjfions fur prO'
teeding by Martial Law, may be revoked and annul-
led; andthat hereafter no CommiJJieni of like Nature
may ijjue forth to any Perfsn or Perfins wbatfoever,
to be exicutedas aforefaid, left, ^ Colour of them, any
■ efyour Majefiy's Su^eils be deflmyed or put to Death,
contrary to the Laws and Franchffe of the Land.
All which they moft humbly pi ay of your tno/l excel-
lent Majejiy, as their Rights and Liberties, accord-
ing to the Laws and Statutes of this Realm : Andthat
your Majejiy tvculd alia vouchjafe to declare. That the
Awards, Doings and Proceedings, to the Prejudice
of your Peiple, in any of the Premijfes, Jhall not be
drawn hereafter into Cmfequence or Example : And
that your Majefty would be alfo, graiioujly, plisfed,
for the further Comfort and Safety of your People, to
declare your Royal If^ill and Pleofure, that, in the
Things aforefaid, all your Officers and Mlniften
[baltfcrve you, according to the Laws and Statutes of
this Realm, as they tender the Hniiour of your Ma-
jejiy, and the Projperjty of this Kingdom.
Which Petition being read, June x, 1628, [be
Kir.g's Anfwer was thus delivered unio ir.
^. 7he King wilierh, that Right be done according to
the Laws and diftoms of the Realm ; and thai tie
Statutes lie put in due Execution^ that his Sufj/ils may
huvt no Caiifi to complain of any Wrong or OppreJ/mis^
(iiargrt to ihiir Jujl Rights and Liberties, to the Pr^.
fervattat '
i
0/ E N G L A N D. iji
Jervatien whereof j he holds himfelfj in Confcience^ tfjAn.4.charitti.
well obliged^ as of his own Prerogative, '^*^*
•
Before we proceed to give an Account how the
Commons reliflied the King's Anfwer to their Peti-
tion of Sights it is neceffary, here, to infert an Af-
fair, which happened about this Time ; and which
proved of fome Confequence in the Sequel.
June 3, Mr. Roufe^ a Member of the Houfe of
Commons, brought in a Charge, to that Houfe,
againft one Dr. Roger Manwaringy which fome
Days after was feconded with a Declaration, which
he delivered in this Manner {m).
Mr, Speaker^
I Am to deliver, from the Committee, a Charge Mr. Rouftr's
againft Mr. Manwaring^ a Preacher and Doc- Charge againft
tor of Divinity ; but a Man fo criminous, that he^''* ^^»»wanng.
hath turned his Titles into Accufation; for the bet-
ter they are, the worfe is he that dilhonours them.
* Here is a great Charge that lies upon him, it
is great in itfelf, and great becaufe it hath many
great Charges in it ; Serpens qui Serpentem devorat
fit Brace ; his Charge, having digefted many Charges
into it, becomes a Monftei of Charges.
* The main and great one is this : A Plot and
Praftice, to alter and fubvert the Frame and Fa-
brick of this Eflate and Common- Wealth.
* This is the great one, and it hath others in it
that give'it more Weight. To this End,
* I. He labours to infufe ipto the Confcience of
his Majefty, the Perfuafion of a Power not bound-
ing' itfelf with Laws, which King James of fa-
mous Memory, calls, in his Speech to the Parlia-
ment, Tyranny, yea. Tyranny accompanied with
Perjury.
' II. He endeavours to pcrfuade the Confcience
of the Subjects, that they are bound to obey Com-
mands illegal J yea, he damns them for not obey-
ing them.
* III.
(«r) From Sir John Nafier^% Manuscript, the Copy in Rufinv^rib
bt'mg very im^erfeft and mcorredtt
iji Tbe^artiamcntatyHi%rot.\
I, * III. He robs the Subjefts of the Property of
ihcir Goods.
' IV. He brands them that will notlofe this Pro-
perty, with moft fcandalous Speech and odious Ti-
tles; to make them both hateful to Prince and Peo-i
pie ; fo to fet a Divifion between the Head and tl
Members, and between the Members themfelve««
* V. To the fame End, rot much unlike to}
Faux and his Fellows, he (eeks to blow up Parliibr:
mcnts and Parliamentary Powers.
' Thefe five, being duly viewed, will appear
ije fo many Charges i and they make up, altoge^j
ther, the great and miin Charge; a miichicvoip
Plot to alter and fubvert the Frame and Govevaf]
meni of this State and Common- Wealth.
' And now, though you may be ilire, that M|
Manwaring jeaves us no Property in our Goods
yet, that he hath an ablolute Property in this Chai
jhidile ipfam Beiluam Hear himfeif making
his o+'n Charge.'
Here Mr. Rp^ read feverai Paflages out of his
Book, and then proceeded, ' You have heard his
Charge made up by his own Words, and with.il \
doubt not but you feem to hear the Voice of that
wicked one, ^iddabiiis? What will you give ir
and I will betray this State, Kingdom) and Co|
mon- Wealth?
' But there are two Ohfervaiions (I m^ht add
■ third, which is like unto A thne-fsld Ccrd which
catinat eafily he hreitn) will draw the Charge more
violently upon him.
' The firftijof the Time when this DoflrJneof
Dcftruflion W3s fet forth ; ii was preached in the
Heat of the Loan, and of ihofe Imprifonments
which accompanied the Loan; and it was printed
In the Rcginning of that Term, which ended in a
Semiltilur : So that you might guels there might be
a double Plot, both by Law anri Confcience, lo fcC
on Fire the Frame and Eftate of this Common-
wealth: Andoneof ihefoentaled Foxes was Mr.
JUanw/iriiig.
' Anoi
1
hat _
0/ E N G t. A N D. iss Tl
' Another Note may be taken of the Time, thatAo-t-c*****-
U, the Unleafonablenefsof it; for this Doarineof '**'"
the Loan, in cafe of NeceiEt/j was the Year after
an Affent, in Parliament, to Feur Subfidm and
Three Bfteetii ; which might have fcrved for a fuf-
ficient Stopple for the Do6tor's Mouth, to keep in
his Doflrine of Neceffity.
' A fecond Obfervaiion may be of the Means, by .
which he feeks to deftroy ihisCommon-WeaUhi
his Means are Divinity, yea, by his Divinity, he_;
would deftroy both King and Kingdom.
' I. The King: For can there be a greater
Mifchief to a Prince, than to put the Opinion of, I
Deity into his Ears ? For, if from his Ears it (hould ^
pais to his Heart, it might be mortal ; You know
how Herod perifhed. Now this Man gives a Par- J
ticipation of divine Omnipotence to Kings j and- .
though a Part may feem to qualify, yet all doth n
feem again to fill up that Qualification ; and vcrj; \
dangeroufly, if we remember what God faith of \
himfelf, / am ajeahus Gsd.
* II. He goes about to deftroy the Kingdom and ,5
Common-Wealthby his Divinity; butdo wecvcy,!
find in Scripture fuch a deftroying Divinity ? Surely,
I find there. That God is a God of Order, and nrf
of Confufion : And that The Son of Gad came tsfavty
andmt to dejlray. By which it feems he hath not
his Divinity from God, nor from the Son of God:
But, from the Scriptures, I find there is one in Hell
called /*/ Dfjirnyer. And th^t we may know he
went to Hell for his Divinity, he names fundry Je-
luits and Frjars, with whom he confulted anJ It;ided
for his Divinity. But, not to bcly even Hell itfelf,
the Jefuits are honefter than he; foi' it he \\\i\
not brought more Hell unto them than he found in
them, he had never found this Divinity which he
hath brought forth ; yea, in his Quotatioa'i he haih
ufed Ihofe Shifts and Fainioods, for which Boys are
wliipt in Schools, and yet by them he ihinki lo car-
ry the Caufe of a Kingdom.
' But, for a Conclulion, to give the true Cha-
racter of this Man, whom I never faw, I wit! fiiew
I j4 7be Tarliame^t^ry Hi s t o r y
'a*. f. CVte J. 't yoiJ f'y one whom 1 know to be contrary to him :
i'mT - Samuel we know al[ to be a true Prophet ; now we
read of Samuel, Thai he writ the Law of the King-
dom in a Busk, and laid it up isfore the Lord, And
this he did, as one of Mr. Ma/iwariiig's own Au-
thors affirms, that the King may know what to
command, and the People what to obey: But Mr.
Manwaririg, finding the Law of this Kingdom
written in Books, tears it in pieces, and that in the
Prefence of the Lord in a Pulpit; that the King
^^_ may not know what to command, nor the People ,
^^^L what to obey.
^^^^ ' Thus Mr. Miinw3ring, being contrary to a
^^^ true Prophet, muft needs be a fille one; and th^
Judgment of a falfe Prophet belongs to him.'
' I have (hewed you an evil Tree, [hat bringeth :
forth evil Fruit ; and now it refts with you to de-
lci;mine, whether the following Sentence flial! fol-.
ioiv, Cut it down, andia^ ii into the Fire.'
Mr, Sauderfin (ri) informs us, That this Dr.
■^ Motiwaring preached two bold Sermons, one be- '
fore the King, and the oiher at his Parifh Church.'^
In the firfi he aflerted, ' That the King's Roynl!
I ■ Command, impoling Taxes and Loans, wiihout,
I Confent of Parliament, did fo far hind iheConrdence
of the Subjefls of this Kingdom, that they could
not refufe the Payment wiihout Peril of Damnati-.
on.' The other was on this Topic, ' That the
Authority of Parliament was not necefl'ary for the ''
raifing jfidi and Subftdiei.' This Author adds. He ,'
well remembers ^hat the King faid when he was '
afterwards cenfured for it ; He that will preach more *
than he {tn prove, let lAm ffffer fsr it ; I give him '
no Thanks for giving me my Due. So that this be- '
ing, entirely, the Bufinefe of Parliament, he was")
left, both by the King and Church, to their Sen-
tence; which will follow in tjie Sequel.
Mr. Ri^/hwonh itWiMS, That on Ihesd oijurie
the King's Anfwer lo ihe Pililicn if Sight, '^i&
read
(■) Sa'^irfin's life q( King Ctgrliii. p. 115.
Of ENGLAND. 15^
read in the Houfe of Commons, and feemed tooAn.4.Chiriiii;
fcant, iti regard ^to fo much Expcncc of Time and i6»S.
Labour, as bad been employed in contriving if
And, that thereupon. Sir John Eliot ftood up, andTheKinysAa*.
made a long Speech, wherein he gave forth fo f"llt^*^Vof RidT**
and jively a Reprefentation of all Grievances, both not agweabkto
general and particular, as if they had never before the Commons;
b^n mentioned. There is only a (hort Abftraft
of it in the Colle^fionSy but the following Copy of
it at large, is taken from Sir John Napier^s Ma-
nufcript {o).
Mr. Speaker^
WE ill here as the great Council of the wherf np<m sir
King; and, m that Capacity, it is our John EUiot re-
Duty to take into Confideration the State and Af- "PJt^i^tM all
fairs of the Kingdom ; and, where there is Qcca- ''^"'^'^•
fion, to give them a true Reprefentation by way
of Counfel and Advice, with what we conceive
neceflary or expedient for them,
^ In this Confideration, I confefs, many a ikd
Thought hath affrighted me ; and that not only in
refpeflt of our Dangers from abroad, which yet I
know are great, as they have been often in this
Place jp^eft and dilated to us, but in refpedt of our
Diforders here at home, which do inforce thofe
Dangers, and by which they are occaiioned : For,
I-belieye, I fnall make it clear unto you, that both,
at firftj the Caufe of thefe Dangers were our Dis-
orders, and our Diforders now are yet our greatefl;
Dangers ; and not fo much the Potency of our E-
nemies, as the Weaknefs of ourfelves do threaten
U5i and that Saying of the Father may be affumed
by U3, Non tarn Potentia fua quam Negligentia no-
Jira*, pur Want of true Devotion to Heaven,
ouclnfinccrity and Doubling in Religion, our Want
of Oofuncils, our precipitate Aftions, the InfufBcien-
cy orUnfaithfulnefs of our Generals abroad, the
Ignorance or Corruptions of our Minifters at home,
the Impoverilhing of the Sovereign, the Opprefli-
bn
(0} There it alfo an incorre^^ Copy ui tbe Epbemerii ParlUmm*
1.55 The 'Parliamentary H1STOS.T
AB.4-Ci>ar]eii.on and DeprefTion of the Subjefl, the exhaufting
161!, of our TreaTvireB, the Wafte of our Provifions,
Confumption of outShips, Deftmftioii of our Men.
^^2f — Tbeic make the Advantage to our Enemies, rot
I^HK The Reputaiion of their Arms. And if in'thefe
^^^^ there be rot Reformation, wc need no Foes abroad}
^^ Time itCelf will tuin us.' .
' To fbcw this more fullv, I believe, you will 4
all hold it neccflaty, that they fecm not an Afperi-l
(ion on the Slate, or Impuiaiion on the Govern- '
meni, as I have known fach Motions mifinterpre-
ted ; but far is thb from me lo propofe. who have
none but clear Thoughts of the Excellency of the ■
King, nor can have other Ends but the Advance-
ment of hi? Majefty's Glory :— nhalldefire a little
of your Patience extraordinary lo open the Parti-
culars; which I Oialldo with what Brevity Imayj
unl'werable to the Importance of the Caufe and the
Necelfity now upon us ; yet with fuch Refpedi and
Obfervation to the Time, as I hope it fhal! not be \
' thought iroublelbme.'
I * For the firft then, our InHncerity and Doubling,'
' in Religion is the greateft and mod dangerous Dif^
order of all others ; this hath never been unpunifti-
ed, and of this we have rnany ftrong Examples of "
all States, and in ail Times, 10 awe us. What
Teftimony doth it want? Will you have Authori- ,
Ity of Books? Look on the Collections of ihffCom-
mittec for Religion, there is loo clear an Evidence.
See then the Commiflion procured for Compofition
with the Papijis in the North: Mark the Proce^d-
ir^s thereupon ; and you will find them to little lefs
amounting than a Toleration in efFeft : The fiight
Payments, and the Eafinefs in them, will tikewife
Ihew the Favour that is intended. Will you have
Proofs of Men, witnels the Hopes, vritnefs the
Prefumptions, witnefs the Reports of all the Papijis
generally : Obferve the Difpotitions of Command-
ers, the Truft of Officers, the Confidence in Sc-
cfet.-iries to Employments in this Kmgdom, in lr$-
land, and etfewhere: Tiiele all will fliew ii halh
too great a Certuiniy ; and to this add but the in-
conira-
Of E N G LAND, ij;
controvertible Evidence of that all-powerful Hand, An. 4.C!Mrieii,
which we have felt fo forely that gave it full A flu- ^**?*'
ranee y for as the Heavens oppofe themfelves to us
for our Impiety, fo it is we that firll oppofed the ^
Heavens/
* For the fecond, our Want of Councils, that
great Diforder in a State, with which there' cannot
be Stability. If Effeflls may fhew their Caufes, as
they are often a perfeft Etemonftration of them,
our Misfortunes, our Difafters ferve to prove it ;
and the Confequences they draw with them. If
Reafon be allowed in this dark Age, the Judgraety:
of Dependencies and Forefight of Contingencies in
Affairs do confirm it. For if we view ourfelves at
home, are we in Strength, are we m Reputation
equal to our Anceftors ? If we view ourfelves a-
broad, are our Friends as many ; are our Enemies
no more ? Do our Friends retain their Safety and
Poffeffions ? Do not pur Enemies epl^rge them-
felves, and gain from them and us? To what
Counfel owe we the Lofs of the Palatinate^ where
we facrificed both our Honour, and our Men fenc
thither; ilopping thofe greater Powers appointed
for that Service, by which it might have been de-
fenfible. What Counfel gave Diredlion to the
late Aftion, whofe Wounds are yet bleeding, I
mean the Expedition to Rhee^ of which there is
yet fo fad a Memory in all Men ? What Defign for
us, or Advantage to our State could that import ?
You know the Wifdom of our Anceftors, and the
Practice of their Times, how they prcferved their
Safeties. We all know, and have as much Caufe
to doubt as they had, the Greatnefs and Ambition
of that Kingdom, which the old World could not
fatisfy. Againft this Greatnefs and Ambition, wc
likewife know the Proceedings of that Princefs,
that never-to-be-forgotten, excellent Qucen,£&tf-
bethj^ whofe Name, without Admiration, falls not
into Mention even with her Enemies. You kno\y
how {he advanced herfelf, and how (he advanced
this Nation in Glory and in State ; how fhe depref-
ied her Enemies, and how Ihc upheld her Friends \
how
I j8 7 be 'Parliamentary liisroKY
«n.4.Chsrie.i.how flie enjoyed a full Security, and made thEtn
1618. [ben our Scorn, whom now are made our Terror !
' Some of the Principles flie built on were ihefe;
^^^ . and, if I miflake, let Rcafon and our Statefmen
^b^ coniradii^ me.
^^^K * Fird to maintain, in what the might, an Uni-
^^^1 ty in Framey chat that Kingdom, being at Peace
^^H within itfelf, might be a Bulwark to ke?p back the
^^^1 Power of Spain by Land.'
^^V ' Next 10 preferve an Amity and League be-
^^^ iween that State and us, that fo we might come in
Aid of the Lnv-Ceunlrm, and by that Means re-
ceive their Ships and help them by Sea.
I ' This treble Cord, lb working between France^
^^^T rhe SlaUi, and Evgland, might enable us, as Occa*
^|H lion Ihould require, to give Afliflance unto others ^
^^P and, hs this Means, the Experience of that Time
^^^ doth tal us that we were not only free from thofe '
Fears that now poflefs and trouble us, but then our
, . Names were fearful to our Enemies. See now what'
Correfpondency our Adiotis had with this; fquare
them by ihefe Rules. It did induce, as a neceflary
, Confcqiience, a Dii'ilion in France between the
^ Proieftanis and their King, of which there is too
L^^ woful and lamentable Experience. It hath made
^^b an abfolute Breach between that State and us ; and
H^^ lb entertains us againll Frame, and France in Pre-
^^^ paration againft us, that we have nothing to pro-
mife to our Neighbours, nay hardly to our(elves.
Nay, obleive the Time, in which it was attempt-
ed, and youftiall find it notonly varying from thofe
H Principles, but direflly contrary and oppoiite ex
Wj^m D ametra to ihofc Ends; and fuch, as from the If-
^PH fue and Surcefs, rather might be thought a Coa-
^r^T ception of S^;V;, than begotten here with us.'
Here there was an Interruption made by Sir
Humphrey May {Chancellor of the Duchy, and we
ef the Pi ivy- Council} cxptelling a Diflikc, but ibe
Houfe ordered Sir John EIHh to go on ; Whete-
cpon he proceeded thus :
Mr.
Of E N G 3L A N D. ijp
Mr. Speaker^ « I am forry for this Interruption, ^n. 4. tfeiri«i,
but much more forry if there hath been Occafion ; i6i8.
wherein, as I fliall fubmit myfelf wholly to your
Judgment to receive what Cenfurc you fhould gi?c
me, if I have offended : So, in the Integrity of my
Inpefltions and Clearnefe of my Thoughts, I muft
ftill retain this Confidence, that no Greatnefs (hall
deter me from the Duties which I owe to the Ser-
vice of my King and Country ; but that with a true
Englijb Heart,^ I (hall difcharge myfelf as faithfully
and as really, to the Extent of my poor Power, as
any Man, whofe Honours, or whofe Offices, moft
ftridly oblige him.
* You know the Daiigers Denmark is in, and
how much they concerned us ; what in refpeft of
our AUiance and. the Country ; what in the Im-
portance of the Sound \ what an Advantaf* to our
Enemies the Gam thereof would be ? What Lofs,
What Prejudice to us, by this Difunion ; we break-
ing upon France^ Frame enraged by us, and the
Netherlands 2X Amazement between both ? Neither
could we intend to aid that lucklefs King, whofe
Lofs is our Difafter ?
' Can thofe now, that exprefs their Troubles at
the Hearing of thefc Things, and have fo often
told us, in this Place, of their Knowledge in the
Conjunftures and Disjundlures of Affairs, lay, they
advifed in this? Was this an A61 of Council, Mr.
Speaker ? I have more Charity than to think it ;
and, unlefs they make a Confeffion of themfelves,
I can not believe it.
* For the next, the Infufficiency and Unfaith-
fulnefsof our Generals, (that great Diforder abroad,)
What fhall I fay ? I wifh there were not Caufe to
mention it ; and, but out of the Apprehenlion of
the Danger that is to come, if the like Choice here-
after be not prevented, I could willingly be (ilent :
* But my Duty to my Sovereign, my Service to this
Houfe, and the Safety and Honour of my Country,
are above all Refpcdls: And what, fo nearly,
trenches to the Prejudice of this, muft not, fhall
HQt, be forborn.
^^^ 160 77jeTarliamgntary KisroKY
An. •.ctuita t. * At Cadiz then, in that firft Expediiion we
<*»>■ made, when we arrived and found a Conqueft rea-
dy, ttie Spani/b Ships I mean fit for the Satisfaflion
If " of a Voyage ; and of which fonie of the chiefeft,
^^H theo there themfelves, have fince aiTured me that
^^H the Satisfa^ion would have been fufficient, cither
^^H in Point of Honour, or in Point of Proiit : Why
^^H was it negleflcd ? Why wasit notatchieved, itbe-
^^B ing of all Hands granted, how feifable it was i
^^f ' After, when with the Dellrudtion of fome of
i^^^ our Men, and with tfie Expofuion of fome others,
{who though their Fortune fmce have noi been
iuch,) by chance cameoff: When, I fay, with the
^^ Lofs ot our ferviccable Men, that unferviceable
^^Kk Fori was gained, and the whole Army landed;
^^H Why was there nothing done f Why was there
^^^ nothing attempted i If nothing was intended,
wherefore did they land ? If there was a Service,
wherefore were they ftiip'd again ?
' Mr. Speaker, it fatisfies me too much in this,
when I think of their dry and hungry March into
that drunken Qyaner, (for fo ihc Soldiers lerm'd
it,) where was the Perioii of their journey; that
divers of our Men, being left as a Saciifice to [be,
Enemy, that Labour was at an End.
' For the next Undertaking, at Rhte, I will
not trouble you much ; only this in (hort: Was
not that whole Atlion carried againft the Judg-
ment, and Opinion of thofe Officers, that were of
the Council I Was not the firft, was not the laft,
was not all, in the landing, in the intrenching, in
Nthe Continuance there, in the Aliault, in the Rc-
ireat, without their AITeni? Did any Advice take
Place of fuch as wereof the Council ? If there fhould
be made a particularlnquifition thereof, thefeThings
will be manifei^, and more. — I will not inftance
the Manifefto that was made for the Reafon of thefc
Arms ; nor by whom, nor in what Manner, nor
on what Grounds it was publilhed ; nor what Ef-
fcdls it haih wrought, drawing, as it were,- almoft
the whole World into League againft us ; — Nor
will I mention the Leaving of the Wines, the
LcavinjE
1
0/ ENGLAND.. i6t
Leaving of ihe Salt which were in our Pofleffion ; An. 4. charin^J,
and of a Value, as 'tis faid, to anfwer much of our '^**'
Expence ; nor that great Wonder which no jUm^
ander or Cafar ever did, the inriching of the Ehe-
my by Courtefies when our Soldiers wanted Help 1
nor the private Intercourfes and Parliea with the
Fort, which continually were held : What they in-
tended may be read in the Succeis, and upon due Ex-
amination thereof they would not want their Proofs.^
* For the laft Voyage to Rocbelle, there needs no
Obfervaiions ; it is fo frefli in Memory : Nor will
T make an Inference or Corollary on all. Your
own Knowledge (hall judge what Truth, or what
Sufficiency they exprcfs. For the itext, the Igno-
rance and Corruption of our Minifters, where can
youmife oflnftances? If you furvey the Court, if
you furvey the Country j if the Church, if the Ci-
ty be examined ; if you obferve the Bar, if the
Bench ; •if the Ports, if the Shipping ; if the Land,
if the Seas: All thefe will render you Variety of
Proofs, and that, in fuch Meafure and Proportion,
as (hews the Greatnefs of our Difeafe to be fuch»
that, if there be not fome fpeedy Application for
Remedy, our Cale is almoft defperate.
'Mr. Speaker, I fear I have been too long in
thefe Particulars that arepaft, and am unwilling to
offend you 5 therefore in the reft I (hall be (hotter :
And in that which concerns the impoveri(hing of
the King, no other Arguments will I ufe, ;than
fuch as all Men grant.
* The Exchequer, you know, is empty, and.
the Reputation thereof gone j the antient Lands
are fold ; the Jewels pawned ; the Plate engaged ;
the Debts ftill great ; almoft all Charges, both or-
dinary and extraordinary, borne up by Projedls :
What Poverty can be greater? What Necelfity fo
great ? What perfeft Englijh Heart is not almoft
ilillblved into Sorrow for this Truth?
* For the OpprelTion of the Subjedl, which, as
I remernber, is the next Particular I propofed, it
needs no Demonftration ; the whole Kingdom is
a Pr3of ; and for the exhaufting of our Treafurcs,
V<)L. VIIL X that
r-
^
6i" TheTarliamentary Histor.?
'Ai>.4.Cha:lc;l.tbat Very Oppieflion fpeaks ic. What Wafle of
1618. pur Pfovilions, what Confumption of our Ships,
^what Dellruibon of our Men have been ; witnefs
- thai journey to Argicrs. — Wimefs that vix^Mani-
ftld. -Witnefs that 10 Cadiz. — Witnefs the next.
— Wiinels [hat to Khees. — Witrefe the laft. { I
fray GoH ve may never have more fuch Wit-
neilesj Witnefs likewife \hc Polatinaie — "W'm-
t\tis Denmari — Witnefs the Turks — Wimefs the
Dunktriert. — Wirnels all. — What Lofles we have
Cuftaincd, how we are impaired in Munition, in
tihipe, in Men!
' It is beyond Contradifllon, that we were ne-
I ver fo much weakened, nor ever had lels Hope how
h, lo be reftoied.
■^ * Thefe, Mr. Speaker, are our Dangers ; ihefe
ate they which do threaten us i and thele are like
the Trojan Horfe brought in cunningly to furprizc
us : in ihefe do lurk t!ie ftrongeft of our Enemies,
ready 10 illje on us ; and if we do not fpeedily ex-
pel ibem, ihcic are the Signs, thefe the Invitations
10 others ; — Tlicfe will lb prepare their Entrance,
that we ill .11 htve no Means lelt of Refuge or De-
fence : ■ Fur if we liave thefe Entmiea at Home,
how can we ftrive with thofe that are Abro^ ? If
we be free from thefe, no other can impcaoi us ?
Ouraniie[iti'ff^/{ifi Virtue, like the oid Spartan Va-
lour, clc^ired from ihefe Diforders; our being in
Sinceriiy of Religion and once made Friends with
Heaven ; having Maturity of Councils, Sufficiency
of Generals, Incorruption of Officers, OpuJency
in the Kin^, Liberiy in the People, Repletion in
Treafure, Plenty of Provilions, Reparation of Ships,
Frelervaiion of Men : Ourantientfn^///^ Vir-
tue, Ili-y, thusreftifieii, will lecureus; and, iiii.
lels there be a fpeedy Reformation in ihefe, Iknoi'
not what Hopes or Exptflaiions we can have. '
' Thefe are the Things, Sir, I fhall defire tohai-e'
taken into Con fid era lion, that as we are the great
Council of the Kingdom, and have the Apprehen-
fi n of thefe Dangers, we may truly reprefent ihem
unio the King ; whereto, I conceive, we are faoimd
'>/
ir-
^
^'
0/ E N G L A N D. 163
by a treble Obligation, ofDutytoGod, of DutyAii.4.ChtrieiL
to his Majefty, and of Duty to our Country. »6a#,
* And tlierefore I wifli it may fo ftand with tbo
Wifdom and Judgment of theHoufe, that they may
be drawn into the Body of a Remonftrance, and in
all Humility exprefled ; with a Prayer unto his
Majefty, That, for the Safety of himfelf, for the
Safety of the Kingdom, and for the Safety of Re-
ligion, he will be pleafed tp give us Time to make
perfe^ Inquifition thereof ; or to take them into his
own Wifdom, and there give them fuch timely Re-
formation as the Neceflity and Juftice of the Cafe
doth import.
* And thus. Sir, with a large Affe<ftion and Loyal-
ty to his Majefty, and with a firm Duty and Ser-
vice to my Country, I have fuddenly (and it may'
be with fome Diforder) exprefled the weak Apprt-
henfions I have ; wherein, if I have erred, 1 hum-
bly crave your Pardon, and fo lubmit myfelf to the
Cenfure of the Houfe.'
Mr. Rujhworth obferves, * That many of the
Members thought it not fuitable to the Wifdom
of the Houfe, in that Conjunfture, to begin to re-
capitulate thofe Misfortumes which were now ob-
vious to all \ accounting it more Difcreiion not to
look back, but forward; and, fincethe King was fo
near to meet them, that the Happinefs they expedt-
ed might not be loft : And thefe were for petition-
ing his Majefty for a fuller Anfwer/
It was intimated by Sir Henry Martin^ * That this
Speech of Sir John Elliot was fugggefted from Dif-
affedion to his Majefty.' And there wanted not
fome who laid, ' It was made out of Diflike to
his Majefty 's Anfwer to their Petition : But Sir
John Elliot protefted the contrary ; and that
himfelf and others had a Refolution to open thefe
laft mentioned Grievances, to fatisfy his Majefty
therein, orrfy they ftaid for an Opportunity : Which
Averment of Sir John Elliot was attefled by Sir ,
Thomas ff^ent worth and Sir Rotirt Philips.
La In
164 The Tarliamentary Hi s to k. y
An. 4. Charles I.. In this Debate Sir Edward Coke propounded^
J62S. c xhat an humble Remonftrance be prclented to
his Majefty, touching the prefent Dangers, and the
w! ^"®"* Means of Safety both for the King and Kingdom ;
France to*ihe" which was agreed to by the Houfe ; and thereupon
King. the Committee for the Bill of Subfidics was order-
ed to expedite the faid Remonftrance.* In all,
or moft of ihefe Debates, the Seiig^ant was ordered
to attend on the Outfide of the Door of the Houfe,
and no Man was to offer to go out, upon Penalty
of being fent to the lower.
A (hprt Digreffion to another Subje6l may, per-
haps, relieve thfe Reader.— About this Time a Com-
mittee (of which Mr. Pym was Chairman) being
appointed to confider of a Bill for the better Main-
tenance of the inferior Clergy, Sir Benjamin Rud^
yard ipade the following Speech (/>} :
Mr, Pym,
I Did not think to have fpoken to this Bill, becaufe
1 was willing to believe ihatthe Forwardnelsof
^ir i^cnjjHiin ^ ^'^ Committee would have prevented me ; but now
Rudyard*sSpecch I hold myfelf bound to fpeak, and to fpeak in ear-
fot better Main- jjeft.
S o^!'"" * In the firft Year of the King, and the fecond
Convention, I fiift moved for the Increafe and In-
largement of poor Minifters Livings: I fliewed how
neceflary it was, tho' it had been neglefted ; this
was alfo commended to the Houfcby his Majefty,
There being then, as now, many Accufations on
foot againlt fcandalous Minifters, I was bold to
tell the Houfe, that there were alfo fcandalous Li-
vings, which were much the Caufe of the other ;
Livings of five Pounds, nay even five Marks a
Year ; that Men of Worth and Parts would not
be mufled up to fuch Pittances ; that there were
feme luch Places in England^ as were fcarce in all
Cnri/lendom befide, where God was little better
known than amongft the Indians, I exampled it
in
{p) Not in, Rujbworib, Taken from the Epbemerii PurlU »
tKenuria, and compart by the Manufcriptu
Of ENGLAND. i6s
in the utmoft Skirts of ihiNorth^ where the Prayers An. 4. Charles i.
of the common People are more like Spells and '^*^'
Charms than Devotions ; the fame Blindneis and
Ignorance is in divers Parts of Wales^ which many
in that Country do both know and lament.
* I alfo declared. That to plant good Minifters
was the ftrongeft and furell Means to eftablifh true
Religion; that it would prevail more againit P<?-
///?fy, than the making of new Laws, or executing
of old ; that it would counter- work Court-Conni-
vance and luke-warm Accommodation ; that tho*
the Calling of Minifters be never fo glorious within^
the outward Poverty will bring Contempt upon
them ; efpecially among thofe, who meafure them
by the Ounce, and weigh them by the Pound \
which indeed is the greateft Part of Men.
* Mr. Pym^ I cannot but teftify how, being in
Germany^ I was exceedingly fcandaliz,ed to fee th^
poor ftipendiary Minifters of the ReformcdC hurchcs
there, defpifed and neglefted by reafon of their Po-
verty, being otherwife very grave and learned Men^
I am afraid this is a Part of the Burthen of Qer^
manyy which ought to be a Warning to U3.
* I have heard many Objedioris and Difficulties,
even to Impoffibiliiies, againft this Bill. To him
that is unwilling to go, there is ever a Bear or a Lion
in the Way. Firft Tet us make ourfelves willing,
then will the Way be eafy and fafe enough.
* I have obferved, that we are always very eager,
and fierce againft Papiftry^ againft fcandalous Mini-
fters, and againft Things which are not fo much,
in our Power. I fhould be glad to fee that we did
delight as well in rewarding as in puniihing, and in
undertaking Matters within our Reach, as this js
abfolutely within our Power : Our own Duties arei
next us, other Men's further off. I do not fpeak
this, that I do miflike the deftroying and pulling
down of that which is ill \ but then let us be as
earneft to plant and build up that which is good in
the Room of it ; for why fhould we be defolate ?
The beft and the greateft Way to difpell Darknefs,
jiud the Deeds thereof, is to let in Light": We fay
L 3 ihHt
i65 TfjeTarliameutarji HisroY^r
~*n.4-Ch«l«tl.that Day breaks, but no Man can ever hear the
i6iS. floife of ii ; God comes in the ftill Voice : Let us
quickly mend our Candlefticks, and we cannot want
H w. Lights.
Ih^^ ' I sm aTraid this Backwardnels of ours will give
^^^1 the Advetfary Occalion lo lay. That we chufe our
^^^H Religion becaufe it is the cheaper of the two, and
^^^P that we would willingly lerve God with fomewhat . ,
^^^V that coils us nought. Believe it, Mr. Pym, he that*'
H|V thinks to fave any Thing by his Religion, but he
^^ Sou!, will be a terrible Loler in the End : We fow
fo fparingly, and that is the Reafon we reap fo fpa-
ringly, and have no more Fruit. Methinks wbo-
^^^ foever hates Papiftry, fliould, by ibe lame Rule,
^^K' hate Covetoufneis ; for that is Idolatry too. I ne-
^^^K ver liked hot ProfelTions and cold Actions, fuch a
^^V Heat is rather the Heat of a Diftemper and Dileafe,
^^^ than of Life and favin^ Health.
" ' For fcandalous Miniflers, there is no Man
, Ihall be more forward to have ihcm ■ feverely pu-
^^^ nifhed than I will be; whenSalthasloft itsSavour,
^^^ fit it is to be call on that unfavoury Place, the
^^^1 Dunghill. But, Sir, let us deal with them as God
^^^1 ' hath dealt with u9: God, before be made Man,
^^^t made the World, a h.indroniG Place for him to
^^^B dwell in ; fo let us provide them convenient Lt-
H^f vings, and then punifli them in God's Name ; but,
B^* till [hen, fcnndalous Livings cannot but have fcan-
dalous Miniflers, It fhall ever be a Rule to me,
' thai where the Church and Common-Wealth are
both of one Religion, it is comely and decent that
the outward Splendor of the Church fhouSd hoM a
f Proportion, and participate with the Profpcrity of
the temporal State ; for why fhould we dwell in
Houfes of Cedar, and luffbr God to dwell in Tin ?
It wasa glorious and religious Work of King Jamfi,
and I fpeak it lo his unfpeakable Honour, and to
the Praife of ti at Nation ; who (iho' ibat Coun-
try be not fo ich as ours, yet are they richer in
their Af}i;^M.'n! to Religion) within the Space of
)ni "i tar t lii. Chuichesto be planted ihro' all
i Borders, worth 30 1.
Of EN G L A N D. i6y
a Year a-piece^ with a Houfe and fome Glebe be- An. 4. Charles i.
longing to them ; which 30 1. a Year, confidering '^ig.
the Cheapnefs of the Country, and the modeft Ta-
ibion of Minifters liying there, is worth double as
much as any where within a hundred Miles of Lcn-
don. The printed A&, and Commiflion^ whereby
it may be executed, I have here in my Hand, de^
livered unto me by a Noble Gentleman of that
Nati4)n, and a worthy Member of this Houfe, Sit
Francis Stuart.
« To conclude. Altho* Chriftianity and Reli*
gion be eftablifbed generally throughout this King-
dom, yet, untill it be planted more particularly, I
fhall fcarce think this a Chriftian Common- Wealth i
feeing it hath been moved and ftirred in Parliament,
it Will lie heavy upon Parliaments, uniill it be ef*
fefted.
* Ltt us do fomethin^ for God, here, of out
own^ and no Doubt God will blefs our Proceed-
ings in this Place the better for ever hereafter : And,
for my own Part, I will never give over folliciting
this Caufe, as long as Parliaments and I fhall live
together/
We now return to the Lords.
On the fourth Day of Jun^ the Lord Keeper,
delivered a MefTage to them, from the King, tp
this Effeft : * That hb Majefty, upon many pref-
* ling and urgent Occafions, had refolved to haften
* an End to this Seiiion, and prorogue the Parlia-
* ment to a further Time ; and had appointed
^ fyidne/day^ the nth oijune^ for that Purpofe:
* That he bad commanded this to be iignified to
* both Houfes, in order that thofe Bufinefles, which
* w^re before them of greater Confequence, might The King's Mef-
* be expedited. ftgetoboth
^ HoQies to cater-
tain no new Bu«
The fame Day a Meflage from the King was de- fincfs.
liv'ered to the Commons, by their Speaker, to this
Purport :
* That his Majefty having, upon the Petition'
' exhibited by both Houfes, given an Anfwer full
• t>f
' i68 TheTarliftmentitryHi^roKr
Att. 4.Chailnl.* of Juftice and Grace, for which we and ourPo-
i6is. t fterity have jurt Caufc to blefs him, it ii now
* Time to grow to a Conclufion of the Scfiion ;
_ _. ' and therefore his Majefly thinks fir to let you
L^H ' know. That as he doth refotve to abide by that
^^H ' Anfwer, whhout further Change or Alteration,
^^^T * fo he will royally and really perform unto you
^^^ * what he bath thereby proniiied. And further,
' That he refolves to end this Seifion upon ^ed-
' ne/Jay the nth of this Months and therefore
' wifheth, that the Houfe would feriouJly attend
' thofe Bufinefles, which may bcft bring the Scflioa i
' toa happy Conclufion, whhoutentenainingnew
* Matters; andfo husband the Time, that his Ma-
* jetty may, with the more Comfort, br
' fpeedily together a^in: At which Time, if tbei*' J
' be any further Grievances, not contained or e:
' pteffed in the Petitm, they may be more tha-
' lurelyconfidered than (be Time ivillnowpetmit.! J
After the reading of this Mefliige, the Houfe, In^J
ftead of taking any Notice of it, proceeded widi 4 J
Declaration againll Dr. Manwaring', which was
ihe fijme Day, prefented to the Lords at a Confer*
ence, belwixt the Committees of both HoufcS ofl
Parliament: And Mr. Pym was appointed by iheJ
Houfe of Commons to manage that Conference,
Ih DECLARATroN gf the Commons ^guin^m
Roger Manwaring, Ckrk, Dafforin DhimtJi.JF
pOR the more cSeflual Prevention of fhg
apparent Ruin and Dertrui^ion of this King-
r. Mau-' dum, which muft neceiiatily enfue, if the good
* and fuadimental Laws and Cufloms, therein
' eftnblifhed, Hiouid be brought into Contempt and
' violated ; and that Form of Government there-
* by altered, by which it hath been fo long main-
' tjin'd ill Peace and Ha(-pinef3 ; and to ibc Honour
* of our ijuverei|;ii Lord ibe King, and for ihe
* Preieivalitin of his Crown aiid Dignity; the Com-
( ji;uii« in this prelent Parliament aljembled,
:F^
Of E N G L AND. KJp
by this their Bill, (hew and declare againftiS^- An. 4. Charles j.
ger Manwarini^ Clerk, Dodor in Divinity, That '^***
whereas, by the Laws and Statutes of this Realm,
thfe free Subjefts oF England do undoubtedly in-
herit this Right and Liberty, not to be compelled
to contribute any Tax, Tallage, or Aid ; or to
makeatiy Loans, not fet or impofed, by common
Confent, by A6t of Parliament : And whereas di-
vers of his Majefty's loving Subjedts, relying
upon the faid Laws and Cuiloms, did, in all Hu-
mility, refufc to lend fuch Sums of Money, with-
out Authority of Parliament, as were lately re-
quired of them : Nevcrihelefs he, the feid Roger
manwaringi in Contempt, and contrary to the
Laws of this Realm, hath lately preached in his
Majefty's Prefence, two feveral Sermons : That
is to fay, the 4th Day of July laft, one of the
faid Sermons ; and, upon the 29th of the fame'
Month, the other of the faid Sermons ; both
which Sermons he has fince publiflied in Print, in
a Bock intitled, Religion and Allegiance ; and,
with a wicked and malicious Intention, to fe-
duce and mifguide the Confcience of the King's
Moft Excellent Majefty, touching the Obferva-
tion of the Laws and Cuftoms of this Kingdom,
^tid of the Rights and Liberties of the Subjefis ;
to ihcenfe his Royal Difpleafure againft his good
Subjefts fo refufing ; to fcandalize, fubverr, and
impeach the good Laws and Government of this
Realm, and the Authority of the High Court of
Parliament 5 to alienate the King's Heart from
his People, and to caufe Jealoufies, Sedition, and
Divifion in the Kingdom;; he, the faid Roger
Matmsring^ doth, in the faid Sermons and
Book, perfuade the King's Moft Excellent Ma-
jefty, as follows :
*' /Vr/?, That his Majefty is not bound to keep
and obftrve the good Laws and Cuftoms of this
Realm, concerning the Rights and Liberties of
the Subjects aforementioned : And that his Royal
Will and Command in impoling Loans, Taxes,
• and
170 The 'Farliamentary History '
, * and other Aids upon his People, wiihout com-
» mon Confeni in Pariiameni, doih fo far bind the
* Consciences of the Subjefls of this Kingdom,
* that they cannot refufe the fame* without Peril
* of eternal Damnation !
' Secmdly, That thofe of his Majcfty^ loving
' Subjeda, whorefufed the Loan aforementioned,
' in liich Manner as is before cited, did therein
* ojfecd againft the Law of God, and againft his
' Maiefty's fupreme Authority j and, by fo doing,
* became guilty of Impiety, Difloyalty, Rebellion^
' and Difobedience, and liable to many other Cen-
' fures; which he, in thefeveral Parcsof hisBook,
* dotli moll faifly and malicioully lay upon them.
* 7hirdly, That the Authority of Parliament is
' not neceflary forthe raifingof Aids and Subiidies;
' that tlie flow Proceedings of fuch AifemblieB arc
* not lit for the Supply of the urgent Necelfities
' of ihe State, but rather apt ro produce fundry
' Impediments to the juft Defigns of Princes, ani
< to give them Occafion of Difpleafure and Difcon-'
* tent.
' All which the Commons are ready to proves
' not only by the general Scope of the lame Ser- '
' mons and Book, but likewilc by feveral Claufes^
' Aflertions, and Sentences therein contained ; and
' that he, the laid Rsger Manuaring, by preaching
' and publilliing the bermcns and Book aforementi-
' oned, did molt unlawfully abufehis holyFunflion,
' inftitutcd by God ip his Church, for the guidifig'
' of the Confciences of all his Servants, and chiefly
* of fovereign Princes and Ma^iftraiesi artd for
* the Maintenance of the Peace and Concord Ik-
* twixt all Men, efpecialiy betwixt the King and
* his People; and hath thereby moll grievoufly
* offended againft the Crown and Dignity of bis
*• Majcfty, and againft the Profperiiy and good
' Government of this State and Common- Wailth.
* And the faid Commons, by Proteftation, fe-
' ving to themlelves the Liberiy of exhibiting, af
■ any Time herealtcr, on any other Occalion, any -
. • Ini-
0/ E N G L A N D. 171 ^
* Impeachment againft the laid Reg"' Mtinwating ; An.4. C4nr)»t-
* and alio of replying to the Anfwers, which the i6j>-
* iaid Rogtr Manuiarini (hail make unto any of
* the Mattel's contained in thisprefent Bill of Com- ,
* plaint; and of offering lurther Proof of the Pre-
* miiles, or any of them, as the Caufe, according to
* iheCourfe of Parliament, (hall require, dopray,
* thallhe iv^Riger Maniuaring ra^y be put to an-
* fwet to all and every the Premifles ; and that fuch
* Proceeding, Examination, Trial, Judgment, and
' exemplary Puniihment maybe thereupon had and
' executed, as is agreeable to Law and Juftice.'
This Declaration, ingrofs'd in Parchment, being
read, Mr. Pym addreffed himfelf to the Lords in this
Manner :
THat he fhould fpealt to this Caufe with more Mr. :
Confidence, bccaufe he faw nothing to dif-'f™
courage him: 1/ he confidered the Matter, the' ""^
Offences were of a high Nature, andof eafy Proof ;
if he confidered their Lotdfliips, who were the
Judges, their own Intcreft, their own Honour, the
Example of their Anccftors, the Care of their Po-
fteriiy, would all be Advocates with him, in thi3
Caufe, on the Hebalf of the Common- Wealth ;
. if be confidered the King our Sovereign, Cthe Pre-
tence of whofe Service and Prerogative might, per-
chance, be fought unto as a Defence and Shelter
for this Delinquent) he coutd not but remember
that Part of the King's Anfwer to the Petilm of
Right of both Houfes That his Majefly hdd himjelf
hound, in Co«faence, ts prtfirve their Liberties, which
this Man would iierfuadehim to impeach,*" He far-
iheriaid, ' Thathe could not but remember his Ma-
jefty's Lovc to Piety and Juftice, manifcftcd upon
al! Occafions ; and he knew Lovc to be the Root
and Spring of all other Paiiions and Affeiftions. A
Man therefore hates, becaufe he fees fomewliar, in
that which he hates, contrary to that which he
love^ ; a Man therefore is angrj', becaufe he fees
Ibmewhat in that, wherewith he is angry, that
gives
1 7 i 'The 'Parliamentflry H i s t o r y
An- i.cwImI. gives ImpeJimenr and Intcrrupiion to the Accom-
plifliment of that which he loves.
* If this be fo, by ibe lame Aifl of Apprehcn-
fion, by which he believes his M*jefty's I>ove lo'
Piety and Juftice, he muft needs believe his Hate
and Deteftatioii of this Man, who went about to
withdraw him from the Exercife of boih.'
Then he proceeded to that which, he faid, was-
the Tafl: enjoin'd hJm, * To make good every
Claufe of that which had been read unto them;-
which, that he might the more clearly perform, he
propofed to obferve that Order of Paris, into-
which the faid Declatatlon was naturally diflblved.
1. ' Of the Preamble.
2. * The Body of the Charge,
J. ' The Conciufion, or Prayer of the Com-
mons.
' The Preamble confifted altogether of Recital ;
fffi, of the Inducements upon which the Com-
mons undertook this ComplaJni.
' The^fW, of thofe Lawsand Liberties, againft
which the Offence was committed.
* The ihiri, of ihe Violation of ihofe Laws
which have relation to that OiFence.
• From the Connection of all thefe Recitals, he
fdid, there did refult three Pofitions, which he was
lo maintain as the Ground-work and Foundation
of the whole Cmfe.
' The/r/?, That the Form of Government, in.
any State, couid not be altered without apparent
Danger of Ruin to that State.
' The Jmnd, The Law of Efighnd, whei-eby
ihe Subject is exempted from Taxes and Loans,
not granted by common Confeni of Parliament,
was not introduced by any Statute, or by any
Charier or Sanflion of Princes; but was the an-
tient and fundamental Law, ifluing from the firft
Frame and Conftiiution of the Kingdom.
' The third. That ibis Liberty ot the Subjeft is
not" only molt convenient Lind profiinbie for ilic
Pi^ople, but molt hoiiour:ible and moll necell!*ry
ibr
0/ ENGLAND. 173
for the King; yea, in that Point of Supply, forAn.4.cii«Tk»L
which it was endeavoured to be broken. x6aS.
* As for the firft Pofition, The bell Form of
Government is that, which doth aduate and dif-
pofe every Part and Member of a State to the
Common-good \ and as thofe Parts give Strength
and Ornament to the whole, fo they receive from
it again Strength and Prote£tion in their feveral Sta*
tions and Degrees.
' If this mutual Relation and Inlcrcourfe be bro*
ken, the whole Frame will quickly be diflblved, and
fall in Pieces ; and, inilead of this Cgncord and
Interchange of Support, whilft one Part feeks to
uphold the old Form of Government, and the other
Part to introduce a new, they will miferably con*
fume and devour one another. Hiftories are full of
the Calamities of whole States and Nations in fuch
Cafes. It is true, that Time muft needs bring
about fome Alterations, and every Alteration is a
Step and Degree towards a Diilblution; thofe
Things only are eternal which are conftant and
uniform : Therefore it is obferved by the beft Wri-
ters on this Subjeft, that thofe Common- Wealths
have been molt durable and perpetual, which have
often reformed and recompoied themfelves accord-
ing to their firft Inftitution and Ordinance ; for, by
this Means, they repair the Breaches, and counter-
work the ordinary and natural Effedls of Time*
* The fecond is as manifeft. There are plain
Footfteps of thofe Laws in the Government of
the Saxom ; they were of that Vigour and Force,
as to over-live theX^nqueft ; nay, to cive Bounds
and Limits to the Conqueror, "whofe V iftory gave
him. firft Hope; but the Aflurance and PolTeflion
of the Crown he obtained by Compofition; in
which he bound himfelf to obferve ihefe, and the
other antient Laws and Liberties of the Kingdom,
which afterwards he likewife confirmed by'Oaih
at his Coronation ; and from him the faid Obliga-
tion defcended to his Succefibrs. It is true they
have been often broken, but they have been often
confirmed byCharter* of Kings, and by Afts of Par-
liaixv^iw^".
^r 1 7 4 ^"-^^ Parliamentary History
j(n,4.ChirlMT.I'anients : But the Pelhions of the Subjefls, upon
i6ig. which thofe Charters and Afls were founded, were
ever Petiiiom sf Rigl't, demanding [licir an tient and
■^^ due Liberties, not fuing for any new.
^^H * To clear the third Polition m;n' feetn lo fome
^^H Men more a Paradox, That thofe Liberties of the
^^H Subjcft (hould be fo convenient and profitable to
^^H the People, and yet moll: necefTary for the Supply of
^^^1 bis Majelty. Ithathbeen, upon another Occalton,
^^H declared, thai if thofe Liberties v;ere taken away,
^^H there would remain no more Induftry, no more
^^^1 Jullice, no more Courage ; for who will contend,
^^H who will endanger himfelf, for that which is not
^^^V his own ^
^^V ' Bui, he faid, he would not inlift upon any of
^^H thofe Points, nor upon others equally important;
^^H'. but only obferve, ihat if thofe Liberties were taVen
^^^1 away, there would remain no Means for the Suh-
^^H je£ts, by any A£t of Bounty or Benevolence, to
^^H ingratiate ihemfelves with their Sovereijjn.
^^H^ ' And he defired their Lordfliips to remember
^^H what profitable Piero^tlves (he Laws had appoinl-
^^H ed for the Support of Sovereignly ; as Wardfhips,
^^H Trcafurcs-trouve, Felons Goods, Fines, Amerce-
^^H menis, and other Ifiijes of Court8,W recks, Eicheats,
^^K and mmy more, loo long to be enumerated ; which,
^^H for the mofl part, are now, by Charters and Grants
^^H_ of Several Princes, dirperred into the Hands of fe-
^^H veral private Petfons -, and that befides the antient
^^H Demefnes of the Crown of England, fyUliam the
^^H Conqueror did annex, for the better Maintenance of
^^^B his Eftate, great Proportions of thofe Lands, which
^^H^ were confifcate from thofe £«^/'jA which perfilted
^^^1 lo withftand him : but of ihefe,very fewremaioat
^^B this Day in the King's PoiTeQion ; yet, fmcc that
^^^B Time, the Revenue of the Crown hath been fup-
^^^1 plied and augmented by Aiiaiiidetj, and other Cafu-
^^H alties ; and, in the Age of our Fathers, by the Dif-
^^V folution of Monafteiies and Chantries, near a third
^^H P^rt of the whole Land came into the King's Pof-
^^H fefEon. He rememhrcd further, that conlVant and
^^H' proliiabic Grant of the Subje^ in the Aft of Ton-
0/ E N G L A N D. 175
nage and Poundage.' Notwithftanding all thefe, he An. 4. Charl»i,
faid, they were fo alienated, anticipated, or over- i6a8.
charged with Annuities and Affignments; that no
Means were left, for the preffing and important
Occafions of this Time, but the voluntary and free
Gift of the Subjefts in Parliament.
* The Hearts of the People, and. their Bounty in
Parliament, is the only conftant Treafure and Re-
venue of the Crown ; which cannot be cxhaufted,
alienated, anticipated, or otherwife charged and in*
' cumbred.*
In his Entrance into the Second Part, he pro-
pounded thefe Steps, by which he meant to proceed.
1. ' To (hew the State of the Cafe, as it flood
both in the Charge and in the Proof, that fp their
Lordfhips might the better compare them both to-
gether.
2. * To take away the Pretenfions of Mitigsi-
tions and Limitations of his Opinions, which the
I>odlor had provided for his own Defence.
• 3. ' To obferve thofe Circumftances of Aggra-
vation, which might properly be annexed to his
Charge.
4. * To propound fome Precedents of former
Times ; vyherein, tho* he could not match the Of-
fence now in queftion ; (for he thought the like be-
fore had never been committed) yet he fliould pro-
duce fuch as fhould fufBcienily declare, how for-
ward our Anceftors would have been in the Profe-
cuiion and Condemning of fuch Offences, if they
had been then committed.
* The Offence was defcribed in a double Man-
ner ; firft, by the general Scope and Intention, andT
by the Matter and Particulars of the Fadt, where-
by that Intention was expreffcd.'
In the Defcription of the Intention he obferved
fix Points ; every one of which was a Charatlcr of
extreme Malice and Wickednefs.
I. * His Attempt to mifguide and feduce the
Confcience of the King.
.2. * To inccnfe his Royal Difpleafure againft
bi^ Subje^.
3- ' Tq
iy6 7he Parliamentary History
An. 4. Charles I. 3. * To fcandalizc, impeach, and fubvert the
1628. gQQj Laws and Grovernihent of the Kingdom, and
Authority of Parliaments.
4. * To avert his Majefty*s Mind from calling
of Parliaments.
^. ^ To alienate his Royal Heart from his
People.
6. * To caufe Jcaloufies, Sedition, and Divifion
in the Kingdom.
* Of thefe Particulars, he faid, he would forbear
to fpeak further, till he (hould come to thofe Parts
of the Fafl, to which they were moll properly to
be applied/
The Materials of the Charge were contrived into
three diftinft Articles ; the lirft of thefe compre-
hended two Claufes.
1. ' That his Majefty is not bound to keep and
* obferve the good Laws and Cuftoms of tlie
* Realm, concerning the Right and Liberty of the
' Subjedl to be exempted from all Loans, Taxes,
* and other Aids laid upon them, without common
* Confent in Parliament.
2. ' That his Majefty*s Will and Command, in
* impofing any Charges upon his Subjcfts without
* fuch Confenr, doth fo far bind them in their
* Conlciences, that they cannot refufe the fame
* without Peril of eternal Damnation !*
Two Kinds of Proof were produced upon this
Article.
The firft was from fome Aflertions of the Doc-
tor's, concerning the Power of Kings in general ;
but, by neceflary Confequence, to be applied to the
Kings of England.
The next Kind of Proof was from his Cenfures
and Determinations upon the particular Cafe of
the late Loan ; which, by Neceflity and Parity of
Reafon, were like wile applicable to all Cafes of the
like Nature. And left, by Frailty of Nature, he
might miftake the Words, or invert the Senfe, he
defired Leave to refort to his Paper, wherein the
Places were carefullj' extrafted out of the Book it-
felf.
0/ E N GL A N D. 177
felf. And then he read oacb particular Claufe by An. 4. Charles 7.
ilfelf, pointing to the Page for Proof. . '^»8*
Then he proceeded and iaid, ^ That from t6i8
• Evidence of the Fa£l: doth iflue a clear £vi3encf
of his wicked Intention to miiguide and feduce the;
King*s Confciehce, touching the Obfervation of
the Laws and Liberties of the Kingdom ; to fcan-
dah'ze and impeach the good Laws and Govern*
ihent of the Realm,- and the Authority of Par-
liaments i which are two of thofe Characters of
Malice which he formerly noted, and now enfor-
ced thus. — If to give the King ill Coubfel, ii^
one particular Adion> hath heretofore been heavily
puniflied in this High Court ; how much more hei-
nous muil it needs be thought, to pervert and fe«
duce, by ill Coimfel, his Majefty's Confcience ;
whidi is the fovereign Principle of all moral Ac-
tions, from which ihey are to receive Warrant for
' their Direftion before they be adled, and Judgment
for their Reformation afterwards? If Scandaluni
Afagnatuniy Slander and Infamy, cad upon great
Lbrds and Oflacers of the Kingdom, have been al-
ways moft fcverely cen Cured ; how much mord
tender ought we to be of that Slander and Infamy^
which is here caft upon the Laws and Govern-
'. inent, from whence is derived all the Honour and
Reverence due to thofe great Lords and Magif-
trates ?
' All Men, and fo the greateft and higheft Ma-
giftrates, are fubjed to Paflions and Partialities^
wherpby they maybe tranfported into over-hard in-
jurious Crolies : which Confideraiions may fome-
limesexcufe, though never juftify, the Railing and
evil Speeches of Men, who have been fo provefced ;
it "being a true Rule, That whaifoever givcsSirength
and Inforcement to the Temptation in any Sin^
doth necedarily imply an Abatement and Diminu-
tion of Guilt in that Sin. But to flander and dif-
grace the Laws and Government, is without Pofli- ^
bility of any fuch Excufe ; it being a fimplc Adt of
SI 'malignant Will, not induced nor exciied by any
'Voii. VIII. M ouiwarJ
Aa.4 ciiatla i.ouiwar'l Provocation; for the Liws carrying an
id!. equal aiid conftant Refpefl to all. ought to be re-
vtrenced equally by all-' And thus he derived ihe
Proofs and Inforcemcnts, upon tlie iitft Ankle of
the Charge.
The lecond Article he faid contained ifirec
Clnufes:
1 . • That thefe Refufers had offended agairift the.
Law of God. '■ ' '
2. ' Againft the fupreme Authority. " " "
3. * By fo doing, were hecomt^ guilty of Impie-
ty, Diiloj-alty, Rebellion, Dilobediencc, and lia-
ble to many other Ccnfures.
' For Proof of af! theic, he needed no other Evi-
dence, than what might be eafily drawn from thofe
Places which he had read already : For what im-
piety can be greater, than to contemn the Law of
God, and to prefer human Laws before il ? Whai
greater Difloyaliy, Rebellion, and Difobediencc,
than to deprelsSuprcme Authority, to tye the Hands
and clip the Wings of Sovereign Princes? Yet he
defired their Lordftiips Patiehce in heai ing fotne fcW
other Places, wiierein the Stains and Taint, which
the Doflor endeavoured to lay upon the Refufers,
might appear by the Odioufnefs of thofe Compari-
fohs, in which he doth labour 10 rant them.
* The firft Comparifon is with Pcpfjh Recu/ufitSi
yet he makes them the worft of ihc two, and for
the better Refemblance, gives them a new Name
of Temporal Riciifanti.'
For this Mr. Pym alledged the firft Sermon,
(Pages 31, 31.) and Part of the Doflor's fifth
Confideration, by which he would perfuade them
10 yield 10 this Loan, thus ;
5tWy,. ffthij WQuld anjidtr what jfdvanf age thlt
their Recufancjt in Ttmfirab, gives ts the cefntrtoti
Adverfaryy tvha, far Difabtdiet.te in Spirituals, have
hitherto a/me inherited that Nanic; for tbafwhieh
we Burjelve! CBndrwn in ttemfcrjo diing ; and prefeji
to h^te that Religion which teacheth them fi tiidt>\
that is, IB refvjt Stiljtifjin unto Prnies in Spitilka/i;
f
Of E f^G 1 A N D. 17^
yit the jime^ if not worfe^Jmt cfcUr Sidg new^ ^Aa. 4. Charles i.
iuntk^bi, dare to pradifiy *"^'
h muft meeds argue /eft ^Cenfdenice^ and tpore In^
gratitude^ both to Gq^ nnd the King^ ifiu temporal
Things tui.obej not: Tb^ in Spirituals deny Suhje^i*
On 9 wherein they mi^ perhaps frame unto il^emfehes
fome B^eafinspf Prebatility^ that the Offence is not Jo
heinous ; tut if we in Temporals /ball befo refra^ory^
what Colour ofReafon can we poffibly find to make
CUT Defence vnthal ; without the utter Jbaming of our*
feheSy, and laying a Stain^ which cannot eaftly be
wafbed out'i upon that Religion which bis Al^ejiy^
doth Jo graeieufy mamiaih^ and oarjelvei prifcjsf
The fecond Coniparifoo is with Turks and Jews^
in the fecond Scrmon» (p. 47.) What a Paradox is
this ? ff^hat a Turk will do for a Chrilliany and a
Chufti^n for a Turk, and a Jew for bcth^ i^c.
much hfsjheuld Chriftian Aden deny the fame to a
Clirirtian AifV^.
The third Ccmparifon is with ICorahi Ddthan\
and Miratn^ Vjcadas^ and JuddSy which is takeii
ouitof the fecond Serihon, (p. 49.) where be la-
bours to deprive of all Merit in Chrilt*s Sufieringi
thofe who refu fed this Loan.
Corah, Dathan, and Al?iram, whom^ for their
Murmvltings^ God fuddenly funk into tiell Fire, might
as well alledge their Sufferings had fome Refemblance
with that of ihe three Children in the Babylonian
Furnace ; and Theiidas a^td Judas, the two fnandi-
cries of the People^ in the Days of Cx\^i*s X''^bute^
might as well pretend their Caufe to be like the Mac-
cabees*
Thus Mr. Pym ended the fecond Article of the
Charge, upon which, he laid, ' Were imprinied
Other two of ibefe fix Charailero of Malice, former-
ly vented ; 1. e, A wicked Intention toiticieaie his .
Majefty's Difpleafure againft his good Subjeds (o re-
fufing, and to alienate his Heart from chc reft of
his Pepple: Both which weie Points fo odious,
that he needed not to add any furiher Inforcemcnt
or Illuftration.
M .•? The
1 So The Parliamentary 'H r s t or t
An. 4. charlai. The third Article contained three Claufcs,
162S. I. < That the Authority of Parliament is not ne*
ceflary for the raifing of Aids and Subjidm.
2. • Tiiat the flow Proceedings of foch AflecB-'
blies, are not fit to fupply the urgent Ncceffityi:^
, the State. ' >
3. « That Parliaments arc apt to produce- fuitify*
Impediments to the juft Defigns of Princes^ ttlra
give them Occafion of Difplcafurc ahd-DifWonlent.*^
For Proof of all thefe Pofitions Mr. Pym a!W^
two Places, containing the two firft of thbfe fix
Confiderations, which"are propounded by the Doc-
tor, to induce the Refofers to yield to the Loap,
in his firft Sermon, (p. 2j6, 27.) *.
Firft, If they would pkaje to conftder^ that ihottgb
fuch AJjhnhliei^ as are the higheji and greatejl ^ipre\
fentattons of a Kingdom^ be moft facred anah^Hour^^
tie:, and neajfary alfi to thofe Ends to which th^ iVere
atfiiji in/iituted\ yet know we mujl^ that they w^'^e
not ordained to this End, to contribute any Right \o
Khgs, whereby to challenge tributary Aids andfubji^
diary Helps ; but for the more equal impofmg^ and
mdre eafy e^caSfing^ of that which unto Kings doth af^
pertain by natural and original Law and Juftia^ as
their proper Inheritance annexed to thetr imperial
Crowns from their Birth. And therefore^ \f% by a
Magijirate that is fupreme^ upon Necejfity extreme
and urgent y fuchfubftdiary Helpi be required^ a Pro-
portion being held refpe5iively to the Ability ofiloe Per^
foiTS charged ; and the Sum and ^antity fo required
fur mount not ^ too remarkably^the Ufe and Charge for
which it was levied ; very hard would it be for any
Man in the Worlds thatjbould not accordingly fatify
fuch Demands^ to defend his C onfiieHce from that hea*
*uy Prejudice ofrefifting the Ordinance of God^ and re*
ceiving to himf elf Damnation \ though eveiry of thofe
Citcumflances be not ohferved^ which ^ by the munici*
pal Law ^ is required.
Secondly, l) they would confider the Importuhities
that often may be urgent ^ and pr effing NeceJJities of
State that cannot flay without certain and apparent
Danger J for the Motion and Revolution of fo great
and
0/ E N G L A N D. i8£
andva/i a Sodyy asjuch Affemhlies are ; nor yet abide An. 4. chariw i.
the'r long dndpaupng Deliberation when they are af- '^*'
Jembled^ norftand upon the anfwering cf thofe jealous
and over -wary Cautions and Obje^liom made by fame ;
who^ wedded over-much to the Drue of ep'demical and
popular Err or 5 y and bent to crofs the moftjufl andlaw'^
ful Defigns of tieir ivife and gracious Sovereign^' {and
that under tbeplaufible Shews of fingular Liberty and
Freedom) would y if their Confiience might fpfaky ap-
pear nothing more than the fatisfying either of private
ifumourSj Paffjons, or Purpofes.
Here Mr. rym obferved, * He needed not draw-
any Argument or Conclufions from thefe Places j
the Subllanceof the Charge appearing fufficiently in
the Words themfelves: And to this third Article he
fix^' two other of thefe fix Charafters of Mahce,
• wV, That it is his wicked Intention to avert his
Majelly's Mind from oilling of Parliaments, and
to cauie Jealoufies, Seditions and Divifions in the
Kingdpni ; which he enforced thus : If Par-
liaments, faith he, be taken away, Mifchiefs and
Difofders muft needs abound, without any Poffibi-
lity of good Laws ta reform them ; Grievances
will daily increafe, without Opportunities or Means
to rcdre6 them : And what readier Way can there
be to raife Diftraftions betwixt the King and Peo-
ple; and to create Tumults and Diftempcrs in the
State, than this ?*
And fo he concluded- this third Article of the
Charge,
Next, the Limitations, the Doftor had provi-
ded to juftify, or at leaft to excufe, himfclf, were
propounded to be three.
!• * That he did not attribute to the Kins anv
fuch ablblute Power, as might be excrcifcd at all
Ti^cs, or upon all Occ^ifions, according to his own
Pleafure; but only upon Neceflity extreme and
urgent.
2. * That the Sum required, mull bn proporti^
onAb^c to :he Abiliry of the Party, '.iiid tu V.\c Uij?
,u*id Ocf.va'ion.
M 3 3. ^ Tha;
An. 4 Chjtlei I. 3. * That he did not fay, That .the Subftanpe
i^jS- pr the Municipal or Natioiul Laws might be 0-
mitted or iie^Cfled ; b«t the Circumftanccs, only.'
To ihcje were offerecl three Anfweta, ,llie firft
General, I'hc othpr twp PauicuUr. The genejsl
Anfwer was this, ' Tiat it is all oce to leave tfie
Power ahlolutc, and [o leave ihe Judgment atbitta-
ry when 10 execute that Power ; lor, al^^ugh
there Liinilations Qiould be admitted, yet k' is left
to the Kingabne to detcrmitie what is an^rgeiil
and prefliiigNccediiy ; and what is a juft Propor-
|ion, boUi in refpeft of ihe Ability, anil of. t!;c
Ufe and Occafjon ; and what Q(all be faid to .he a
Circumftance, and wh;it IheSgblUoce, oftlieLaiK-
Thus the Subjeil is left without Remedy ; and.^lT
legal Bounds being taken away, no privatcPpi/^
thall be allowed to oppofe his own paitifularC
nion, in any of thefc Points, to the King's K
lution ; Co ihat all tfeefe Limitations, thbygfeij
cioii? in Shew, are in Effed fruitlefs and Wq-Vi
The firft paiiicuUr Anfwer 'applied' tQ liuti
pitation of urgent Necelfity, was taken "frqin tllS
Cafe of NcrmanJy ; as it appears in the Commeii-
laries of GuiUam Jerernii, upon the cuftomarv Laws
of that Duchy : They having been opprels d with
fome Grievances, contrary to tlieir FrancHfe, made
their Complaint 16 Lewis X. who, by his Charter,
in the Year 131 4, acknowleilging the Right and
Cuftom of the Cpuntfy, and thiit they had been
unjuflfy grieved, did grant and provide, *That,
from thence- forward, they Ihould be free from all
Sublidies and Exadlions, to be impofed by him and
his Succellbrs ; yet with this Claiife, Si NiiisJ^itie
grande ni k riquirtt ; which fniall Exception jialh
devoured all thijle Imipuniiies: For though ihefe
$rate^ meet every Year, yet they have little or 00
Fowcrlel'i, but to igree to luch Levies as the Kifig
will pleafe io 'make upon them.'
The feamt! ainicul^r Anfwer applied 10 (lie Lii
^itation and piminution of this fow'er, which
^lay ^e'i-reien(!ed lo he made hy this Word, ClfT
i'^'mi{u'.:r, fas li he diJ a<.knon ledge the Kii^.wj
(^ENGLAND. 183- f
be bound to Ihe Siibftanceof the Law, and freeori-An.4-CbMi»it.
fc in regatd of ibe Manner) was ibis, TTiat, if ibc '*'*■
Places be obferved, it will appear, thac he ioKnds,
W that Word, Ikt Ajjtmhly of ParliamenU, and
''Mintif tbt Pieplf fot' (\^ch Contribution, which !»
^Beferj' Subftance of the Rig,ht and Liberty bow
iiOiieftion.
'S^The Circumftances of Aggravation, obferved 0
« innexed to thts Caufe, were thefe.
'°^*'Tbe/^ from the Place wliere thefe Sermot
"^Cre preached ; the Court, the King's own F'
mily, where fuch DoOiine was bel'ore fo well b
lieved that no Man needed to be convened. C
this there could he no End, but ci'.her limoni.\ci
byFfanery and Soothing to make Way for his own!
Prefcrmcir ; or elle extremely malicious, to add
■ew AiHiilions to ihofe who lay under his Majefty 9
Wrath, difgraced and imprifoned ; and to cnlirgtfl
the Wound, which had been given to the LaWi^i
ajid Liberties of the Kingdom. J
* Thi fecand was from the Confideration of bis'.l
holy Funflion : He is a Preacher of God's Wordk'M
and yet he had endeavoured to make that, whicV J
was the only Rule of Jullice and Goodnefs, to b
the Warrant for Violence and QpprelTion. IJe
a Mcflenger of Peace, but he had endeavoured 1
(bw Strife and Diflenfion , not only amongft pr
vatePerfons, but even betwixt the King and 1
People, to the Dilliirbance and Danger of the who
State: He is a fpiriiual Father, but like that c^ __
Father in the Gofpel, he halh given his Childrra
Siones inllead of Bread ; inftead of Flefli he ha "
given them Scorpions, Laftly, he i% a Minifter ,
the Church of England, but he hath afted ihe Pa]
od Rtmijh Jtjuit; they labour our nel\ruiil!oi
by iSllblvirg the Ouh cf Allegiance taken b»
the -People; 'he doth the Came Work, hy diHoQJ
ving the Oath of Proicdlion and Jufticc taken bjf"^
Ihtf King,
' A ihird Point of Aggravation was drawn rron\
the Ou'alify of thole Authors, upon whofe .'\iilho-
lity'lie dotlfi princijiaily rely, being lot the moft p:\rl
f- Friars
•'jigi^tt^i(5'l.PnV?ati'4.I^f'*'m and fiooj his Fraud and Shift-*
*'^"tVi: iija, injCU'mgeven thofe Aiwliors to Purpofea quite
^ifercp.t ft03i their own Meanings.
, ' Ttyjching iffhicii it was prcSimed, that moft
■ qfhU places are fych as were jntendcj) .by the Au-
thor^ cqrice.tniD& a^fol'Jte Monarchiesi noi regu-
^ lited by Laws or Conirafts betwixt the Kmg and
B his People: And, in Anfwer lo all AutborkieJ of
^^B this Kind, wercaUcdgcd certain Pailages of:) Speech
HH from out UteSovereign King Jaipsf, to tha tordg
^EB ap4 Coflimonsat iVhitchall, 16051, -viz-
y ^.,*, I.n ihefe our Times, we are 10 diflinguifh be-
! ' \"">;WixC the State of Kings in their firft original ; and
'.^.Between the Slate of fettled Kings and Monarchs,
, *- ihat do at thisTinje.govera jn civ tl Kiingdoiiis,t^f .
I ' Every jult King, in ,a fettled Kingdom, is
* hound Jo obfervethe Paftion made to his People
* -by liis LawSi in ff;aming liis Government agree-
5- 4bls ihsrs.untp, ^c.
* All Kings, ihat are not Tyrants or. perjured,
' .wi|J beglad to.bOAJnd themfclyea within the Limits
a.pfcjtlvij .L»*"Ji and they thatpeifuade them to
"'^^J^..co;itfary are. Vipers aod Pefts, both ag.iinlt
"'":^tienj and .^iC Com mon- Wealth.'
"'" J' * ,it w^Jiie/iiily t:is(ajved, lhit[in the aylh Page
Qf his ftrit fierfin'onJ, hg , cU«s .thefe Words, Suarsz
de LegihiiitLih. v-Cap, yj. Jc(spiat,:<imm Popuii ma
e£s Coitdhi&iiein neajjiiiifim, ex vi Juris, naturctis
out Q'enliu{u, nnqH''^" J'i''' canmuni. The Jefuic
adds,. Aiiw ex .(iiiliiiip Jurg H,ijpamie ; which
Words aje kit- out l)y the Doflpr, iell the Reader
might Jie jiivitad (o enquire what was Antiquuvi
JijiHijPai/ia: j tiough it might have been learned,
ifrom ^Ihe faqie.A.ijthpr, in another Place of th.i:
Woik, That about two hundred Yciirs fince, this
Ijibefty wdsgr:iiited to (be People .by one of the
Kjng?, That CO i'rihule Oiouid be iinpoled with-
out (l^eir Conlent. And this AtiUior.adds further.
That, after iheLaw introduced and confirmed by
puftojn, ihe Kiiig ia bound to obltruc it,' From
Ibis Pl-ice Mr. Pym took Oi-Cdion lu make this
jlju'tDigKlliun, '. That the Kii-psof.?/irt'iV/, hdn§
""i'-ir. i ' poweriuj
powerful and wIftPrmees, woiillneverliavepatt-A^*-'*****'
ed with fuch a Mark of abfolute Royalty, if ibey
had not found in ihisCourfe more Advantage liian
in the other; and the Succefs and Profperityof that
Kingdom, througli ihe Valour and Induftry of the
Spj»//ft Nation, fo much advanced fince that Time,
do manifeft (he Wifdom oFthit Change/
The third Obfervation of Fraud, in perverting
hia Authors, was this, ' The Do^r cit« (in the
aoth P^c of his firft Sermon) ihefe Words out of
the fame Suarez, df Legibus^ Lib. v. Cap. 15. FeK
300. Tributa eje maxime nafuralia, Hfrafiftr-
ft-jujlitiant, quia exiguntur df Reka pripriis ; this
hepioduccth in Proofof the juft Bight of Kings to'
lay Tributes. And tioMati, that reads it, doubts,
but that, In the Opinion of Suarez, the King's;
Intereft and Property in ihe Goods of his Subje&»
is the Gtound of that Juflice ; but the Truth ij,
Tliat Snarcz., in that Chapter, had diftributcd Tri-
butes into divers Kinds, of which hecalls oneSorti
Tribiaum'TcaU, and defcribes it thus, SoUni ta mcari
Ftnftiites gtf.tda/n, qtix penduntur Rtgibus iif Prin-
fipibut ex Terrii W Agrii^ gua u Prinejpii, adSu^en~
tst'ionem iHerum appiitatafuerunt ; ipfiverein Feodum
inaliisea donaruni fiib terta Psnfmne annua, jsar,
yure eivilif Canen apptllari filei, quia ccrta Regula
fcf Lege praferipta erat: So that the Iflbe is, That
this, which Suarez aRirms for Juftification of oilp
Kind of Tribute, which is no more than a Fee-
Farm, or Rent, due by Refervation in the Grant of
the King's own Lands, the Doflor herein, worfe
than a Jcfuit, doth wreft to the Juftification of all
Kinds of Tribute exacted by Impofition upon the
Goods of the Subjeds, wherein the King had no
Jntcreft or Property at all.*
The laft Aggravation was drawn from hts Beha-
viour fince thefe Sermons preached, whereby he did
c-ontinueftiil-to multiply and increafehis Offence;
yea, even lince the fitting of the Parliament, and'
hi9 being queftioned in Parliament! upon the '4th
• pf M'ly laft he vas fo bold, as to'publifh the (ame"
Doflripe
ifil<
I
I
I
'4»,4.CfcMfe»>.Dwafincih his ■own Pariih Church of St. G!!tri
**"*' ibe points of which Sermons areihefc.
. • That \bt King had Right to order all, as to
I * him ftiould fcem good, without any Man's Con-
I * That the Ktng might require, in Time ofNc-
t * ceffiiy, Aid { and if the Subjetls did not lupply^
[ * the King might juftly avenge it.
I • That the Properly of Eftnes and Goods was
[ ' ordinarily in ihe Subjeft J but extraordinarily, tJial
I * is, in cafe of ths King's Need, the King hath
*. Right to difpofc ihcm."
^ Thefe Alieriions in that Sertnoni he faid,
would be proved by very good Tcftimony ; and
i therefore he defired the Lords, That it might be
t- carefully examined ; becaufe the Commons held it
I lo be a great Contempt offered lo the Parliamenti
foe him to maintain ibat fo publickly, which wai
I liere questioned.
*- They held it a great Prefumption for a private
Divine to debate the Riglit and Power of the King ;
which is a Matter of fuch a Nature, as to be hand-
led only in this High Court, and that with Mode-
ration »id Tcndernefs. And fo he concluded that
Point of A^ravation.
' Lq/l!y, He produced fome fuch Precedents as
might teftify what the Opinion of our Anceftors
would have been, if this Gate had fallen out in their
Time J and herein, he faid, He would confine
himfelf to the Reigns of the firll three Edwards^
two of them Princes of great Glory: He be^n
with thecldeft. Ifefl. 1. Cap 34.
"■ By this Statute, 3. Edward I. Provifion wai
made againft ilioie who fliould tell any fall'e News
or Device, by which any Difcord or Scandal may
srjfebetwixi thcKing, his People, and great Men
of the Kingdom.
■ '•.Aj .iy. Sdivuid \. Rot. Pari. N. 10. it was
dpdarcd .by the. King's Proclamation, fent Into
all the Counties of England, That they, that report-
ed that he would no: obleryc the Great Cliarter,
I
Of ENGLAND. 187
vere malicious People j who dcficed to pot Trou- Aa.4-
fcle and Debilc betwixt the King anil bis SiiWefta,
and to diftutb the Peace and good Eftate of the feing,
the People, a^ the Realm.
' In 5. Edward \l. Inter novm Orfmatmtst
Unry dt Biemend, for giving l^ Kins ill Counfel
agaiaft his Oathj was put fruni (he Council, amd
rcftrained from coming into (he Preieiiee of the King
ijnder Pain trf Confifcation and Baniflimeni.
« Py 19. Edward II. Clauft^ Mtm. a6. « /)«-/
(pommiffiwis were granted to inquire upon the Sta-
tute of Wifi.\- touching the Spreading of News,
whereby Difcord and Scandal oiight grow betwixt
the King and his People.
* Jn 10. Edward III. Ckufi; At. 16. Procla-
inatifit] w,e[it out to arrcft all them who had pre-
fumed to report. That the King would lay upon
fhe. WooU, cenanSums, befides the antieot and
due Cuftoms ; where the King calls thefe Repcq-ts^
Exjui/ita Mendacid, &c. qua ton Ionium in ptitli-
cam Lafivtem, fed in trnjirum ndunt Damnum^ (tf
Diflidis T'lariijyium,
*.Id li. Edward ill. Rtt. Almaniee. The
King writes to the y\rchbi{hop q{ Canterbury, tx-
cufmg himfelf for fome Impofitions which lie had
laid, profefling his great Sorrow fur it ; defires ihe
Archbifhop, by Indulgences and other Ways, (o
^r up the People to ptay for him, hoping that God
would enable him, by iomc fatisfaflory Benefit, to
make Amends, and comfort hii Subjcfls for ihofc
pie flu res.
* To [hefe temporal Precedents of antient Times
which were alledged, he added an Ecclefiaftical
I^recedent out of a Book called PupiUa Otuli, be-
' ing,.publilhed for the Inftruiflion of Confefiors, in
Ihe Title De PjriUipantihus <um ExiBti^mwiicatis,
Foi 59. All the Articles of Magna Charta are in-
ferted with this Direftion, Has Jninih tgntrare
mi debility gmbm incunibit Cenfejfsanes audire, ir^rs,
Pr-ivinfiam. Cajituarieiijem.
* He iikewife remembered the Proclamation,
8^" y.arjhl, for the calling ia and burning of Dodior
Cswel'y
'■M
I
'iia.'ii..Q}ra\d\.Cmiil's Bob!:, for which ihefe Rearoiis are gIveJEf
liiS. i J^g^ mifekin'g the true State of the Parliament
* ofifielftng&ffl, and fuadamental ConftitutiMl
* and Ptivjlpges iliereof : For fpiaftlng Irreverentljr
*'^'t1 the Common Law, it being a Thing utterly'
* tirirawful for any Subject to ff*ak or write dgainS '
"■•''ihaT LaV'uiiaer wliich he livetl^, afid to 'wtWl
* w^ are fwarn, and refolve to Maintain (?).' '■'
*_From thereptecedentshecollefted, thatifftf^
riiEf Parliaments were fo careful of falft-Rumouis
I and felew's, they would have been much more' ftl^»
I deFof Ciich Doflrines 5s tliefe, which might pro*
duce greit Occafions of Difcord betwixt the kIi^ '
!' and lus People-
' . '*■ • Tf lhore,who reported the Kingwouldlay Impo-
ffiSftiis, aAd'bre^k his Laws, were thought fuch na-
f Soits^ Offenders ; how much more fhould theMafi
%c6il"denftied, who perfuaded th6 King he is BOt
tound to teep thofe Laws ? If ihat great King Wiis
To" far frAifl challenging any Right in this Kind, .
that he prarefTed' h1"s own Sorrow and Repentant'e
I forgrici'irg his Subjefts, witii unlawful Charges'?
I - I/Confellbrs were enjoined'to frame the Confcienc^s'
I of'the People to the Obfcrvances of ihefe Laws; «f-
I tatnly fuch'Doiflrinc, and (iich a Preacher' as ihlrf,
I womd Iflivt'been held moft ftrange and abominable
in aJI thofe 'Times?*
The third general Part was the Concbfiofi 'or
Prayer of'the Commons, which cOnfilled of ibr^e
Claufes.'
* f/rj"?. They referi'cd to themfelves Liberty (Jf
any otheV'Accufaiiori ; and for this, he faid. There
W'grCiirReifcm, that as "the Dodlor multiplied
KsOfRrideJ, fo' they may renew their Acculaiions,
* Semtidl); They fave to ihemfelves Liberty of
replyitig to IjisAnfwcr ; !or they had great Caufe
to think that he, who would fliift fo tnuch in of-
fending, would (hift much more in anfwering.
' ' ' 7%'Niy, They defire he might be brought to
Examination and Judgmcnti this they thought
','. . ' ■ W0414
Of ENGL AND. i8^
vrouH be very important for the Comfort of the ao-4- dwfcii
prefent Agp, and for theSecurity of the future agamft '**'
fuch wicked and malicious Praflices.' And fo l^r«
Pjr»f concludedj * That feeing the Caufe had Strength
enough to maintain itfelf, his humble Suit to their
Lordfbips waS) That they would not obferye his
Infirmities and Defers ; to the Diminution or Pk'e* -
judice of th^t Strength/
The Cbnclufion of this Affair will fall in the Str
quel 5 but we fhall now, again, proceed with the
more material Buiinefs of this Seflion, which was
the confequential Part of the Petition if Right.
It may well be imagined, that the King was no
Ways pleafed with the Slight the Commons put
upon his laft Meflage to them ; and this Day, Junts^
when the Lords were met, his Majefty fenc to re-
quire the Lord-Keeper to come to him immediate-
ly. Who, after fome Time, being returned, his
Lordfhip fignified, * That it was the King's Plea- The King's Mrf
fure that the Houfe, and all Committees, fhould be ^8e/«i«i«?8^»«
adjourned to the next Day/ ^'^' '^^J^
After the Delivery of this Meflage, the Lords,
doubting that there would be a fudden Diflblution
of this Parliament, fell into Debate and Confidera-
tion of the weak Eftate of the Kingdom, and of
the Friends and Allies to it abroad ; together with
the great Strength of the Houfe of/fujlriay the King
of Spain's ambitious Afpiring to Monarchy ; and,
at this Time, his great Preparations for War»
Thta being freely debated, the Houfe was moved to
name a feledl Committee to prefent the fame to his
Majefty, and the Danger likely to enfue to this
Kingdom, if the Parliament (hould be now diflbl-
ved, without any happy Conclufion towards refift-
ing the impending Evil. But the Houfe being in-
formed, by feveral Lords of the Privy Caucil then
prefent. That there was no Caufe to apprehend or
fear any fudden Diflblution of this Parliament, the
naming of the Committee was deferred for that
Time.
The
Drlndding theln
) medaic with
of State.
ijip^^ TMP^tUamentaryiiisroTLY
i&.'i^'CNr]bir -'^^ ^^(>K ^7 ^c Commons receiTed another -
i^fiSU- Mei&ge from iM King, which the Speaker deli-
vered u^ thefe Words,
lit Mefftge to .;*Hi8l^ijeftywilhe(Ith^mtofcniembfcrtheMef-
b. Common, v j^gj jj^ jjjft {^^ thciiu by which he fet a Day
for the End of this Seluon ; a&tt he commanded
the %seaker to let them know, That he will tet-
tainly hold that Day prefixed without Alteration ;
and becaiife • that cannot be, if the Houie enter-
tain mots Bufinefs of Length, hq requires them^
Tbafthey enter not into» or proceed with any
new Bufine^ which may fpend greater Time,
or which may lay any Scandal or Afperlion up9n
theSute^Qovcrnmeat) or Minilleh thereof/
On which Meflage enfued the following De^
^.. ^ batc(r). ' ^
Sl't^ff *" fir Roiirt Philips exprefledliimrelf tlius : * 1 per-
ceive. That towards God, and towards Man^ there
is little Hope, after our humble and careful Endea-
vours, feeing our Sins are many and fo great : I
confider. my own Infirmities; and if ever my Paf-
lions were wrought upon, it is now. This Mef-
fage flirs me up i efpecially wlien I remember wit^
what Moderation we have proceeded. I canhoc
but wonder to fee the miferable Strait we are now
in : What have we not done to have merited ? For-
mer Times have given Wounds enough to the Peo-
' ple*8 Liberty : We came hither full of Wounds,
and we have cured what we could : Yet what is
the Return of all, but Mifery and Defolation i
What did we aim -at, but to have ferved his Ma-
jelly, and to have done that which would have
made him great and gtoripus ? tf this be a Fault,
then we are all criminous s What'-flliall werdo, fince
ouc humble Piicpofes are ' thus prevented, which
wereiiot to- have* laid. any AQxffioh oh the Go-
vernment, for they tiended to (10 other End, but to
give bis Majefty * tfue Informatton of his and our
Danger ? " "
» ■ ■ ■
(r) From Kyjhtvortb, except the feteral Speeches, anfl Part* of
Speeches, diftinguiflied by an Aflerifm, >^hich^art fupplicd trum k
mmnujcn^t out of tie llarlejan Library,
0/^ E N G L AN D. iji ■
Danger ? And lo ihis we are enforced out of a ne- *«■ 4-^v^t
teffary Duty to the King, our Country, and to '"'•
Pofteriiy i but we being flopped, and flopped in
fuch Manner as we are now enjoined, rauft leave
to be a Council. I hear this with that Grief, as
the faddeft Mellage of the greaieft Lofs in the
World. But let us ftill be wife, be humble, let
us make a fair Declaration to the King.
■ Let us prefently inform his Majefty, That
our firm Intents were to fliew him in what Danger
the Common-WeaUh and State of Chrijitadam
Hands; and therefore, fmcc our Counfela arc no bet-
ter acceptable, let us beg his Majefty's Leave, cvc-
. ry Man, to depart Home ; and pray to God to di-
vert thofe Judgments and Dangers, which, too
fearfully and imminently, hang over our Heads.'
Sir John EUiot. * Our Sins are fo exceeding
great, that unlefs we fpecdiiy turn to God» God
will remove himfelf further from us; ye know
I with what Affeftion and Integrity we have pro-
ceeded hitherto, to have gained his Majefty's Heart ;
and, out of the Necellity of out Duty, were brought
to that Courfe we were in : I doubt, a Mifreprefen-
taiion to his Majelty bath drawn this Mark of his
Difpleafurc upon us : I obiervc in the MeQage, a-
mongft other fad Particulars, i( is conceived. That
we were about to lay fome Alperfions on the Go-
vernment ; — Give me Leave to proteft. That fo
clear were our Intentions, that we dcfire only to
vindicate thofe Diihonours to our King and Coun-
try.— It i* laid alfo, as it we caft fome Afpcrfians
on his Majefly's Miniflers : 1 am conhdeni no Mi-
nilter, how dear foever, tan
Here the Speaker ilarte<i up from ibe Chair, and.
tpprehonding Sir Jahn Elliot intended lo fall upon ■
he Duke, tiff, faid {s). There is a Cmmani hid
up9ri mt,. 7e jnltrrupt efiy that Jhauld g» abeut la I'jv
an Ajperfm on the Mmjlerijf Stgu. . ' .
Upon this Sir John EUiot fat' down: And Sir
Dudley Diggs iiid, * ' That unlef* we may I'peakof
thd«
(>) The Mat<^^titt uUl, Wih 1c»r. in hi, Eya.
I
I
^^ i^a TheTariiamentafyHiSTOiiY
^a.4^Chii\hi. thefe Things in Parliament, let us arife and he '
»«i!, gone, or fit ft ill and do nothing;.'
Hereupon there was a deep Silence in the Hoore
• for a while, which was broken by Sir Nathaniel
Sjch in ihefe Words :
' * We muft now fpeal:, or for ever hold our
L , Peacej far us to be filent, when King and King-
^^_. domare in thisCalamity, is not fit. The Qyeftion
^^H is, Whether we fhal! fecure ourfelves by Silence,
H^P yea or no ? I know it is more for our own Securfly,
y but il is not for the Security of ihofe for whom we
ferve; let us think on them : Somelnftrumentsde-
> lire a Change, Wo fear his Majefty's Safety, and
the Safety of the Kingdom ; I do not fay we now
fee it; and {hall we row fit ftill and do nothing,
and fo be fcattered? Let us go to the Lords, and
(fliew our Dangers, that we may then go to the
King logether, with our Reprefentation thereof.'
Others iaid, ' That the Speech, lately fpokenby
' Sir Jahn Elliot^ had given OfFence, -as ihey feared,
.» ID hisMajefty.'
Hereupon the Houfe declared, * That every -
' * Member of the Houfe is free from any unduttful
* Speech, fromthe Beginningofihe Parliament to
^ * that Day; and Ordered, That the Houfe be
I * turned into a Committee, lo conlider what isfic
I * to be done for the Safety of the Kingdom j and
[ • that no Man go out upon Pain of being fent to
I * iheToiver.' But before thfSpeaker left theChair,
P hedefiredLeavetogoforthforhalfanHour; and the
' Houfe ordered that he might go forth, if he pleas'd.
Then the Houfe was turned into a Grand Corti-" ..^^
mittce, Mr. IVhitby in the Chair. '' JM|
Immediately 'after the Speaker-was withdrawn, ^^P
Mr Ktrlsn faid, * ' The King is as good a Prihce*^'*
I a3 ever reigned"; 'tis the 'Enemi.es' to the Common-
' ' Wealth that haVe fo prevailed w?th him, therefore'
let usaim now to tiifcover ihem ; and i doubt not,
biit God will fend us Hearts, Hands, and Swords
10 cut all his and our Elliemie's Throats.' And ad J- *
ed, ' That for the Speaker to defire to leave the
Houfe
Of ENGLAND. 1^3
Houfe in fuch a Manner was never heard of faeforci An
and he feared would be ominous.'
Mr. tVandss/Brd. * I am as full of Grief as others:
Lei us recolleft our Engiyb Hearts, and not iitllilli
but do our Duties: Two ways arc propounded, To
go to the Lords, or to the King. I think i[ is fit
we go to the King, for this doth concern our Liber-
ties, and let us not fear to malte a Remonftrance of '
our Rigliis : We are his Counfelbrs, There ari" J
fotne Men which call evil good, and good evil,'
and bitter fweet. Jullice Is now call'd Popularity ^
and Faflion,' A
Sir EdvJiird Co&e. ' We have dealt with ihat ^
Duty and Moderation that never was the like, Ri-
htts fsc Jlantlbus^ after fuch a violation of the Li- ■
berties of the Subjedt : Let us take this to heatr.
* In the 30th of Edward III. were they then in
doubt in Parliament to name Men that miiled the
King? They accufed John de Gaunt, the King'*
Son, the Lord Latimer, and Lord Nev'il, for mlfad-
viling the King, and they went to the Tswer for it.
Now, when th-jre is fuch a Downfall of the Suie,
thall we hold our Tongues ? How ihall we anfwer
our Duties to God and Men }
' In the 7 ih of He'sry IV. Pari. Foi. N. ■^i. and
31. and the nth of Henry IV. N. 13. there the
Council ate complain'd of, and removed ftom the
King, becaufe they mewed him up, anddifliiaded
him from ibe common Good: AnJ why are we
now to be tied from that Way we were iji ? And
why may we not name thotc that are the Cuufeof
all our Evils f
* In the 4th of Henry III. and the 27th of £1^-
ward III, and in ihc i;th of Bjibard II. the Par-
hament moderated the King's Pierogaiive ; and no-
thing grows to Ahufe, hut this Houfe liaih Power
to treat of it. What fhall we do i Let us palliaia
Lio longer j if we do, God will not profper us.
■* I think the Duke of Bueiisgham is the Caufe
of all our Miferics; and tilt the King be informed
thereof, we {hall never go out with Honour,
Vol. VIII.
N
*n.4.pi.HkiL'Et '^'ith Honour here: That Man is ihc Grievance
iSiS. of Grievmces -■ Let us fet down the CaulW of all
our Difalters, aril ihey wiHall refleflnponhifn. As
fat going to the Lords, ihat is not Ha Rfgia ; om
^^^ , Liberties are now impeached ; we arc deeply con-
^^H Cein«d : It te not fia Regia, for the Lords are tiQt
^^H participiint with our Liberties.
^^B *■• It is not the King but the Dute (/) that faith,
^^^H ifi require yait m U meddU wish State GDVirntnent^
H^l er the Mmjhrs tktreof. Did not hisMajefty, whca
^^^ Prince, attend the Upper Houfe, in our Prolecu-
t tion of Lord Chancellor Bacon and the Lord Trca-
Suter MiJd/e/tK ?' „
* Mr. Ktrteij. * The Duke is not only Admi-
ral by Sea, and hath undone all the Shipping j but
h afib AJinirat by Land, and bath ruined, by Op-
( pielfioii and Violence at home, and Connivance
; abroad, the whole State of this Kingdom ; and his
Treachery, 'lis like, will overthrow his MajeRy, be-
ing that he will not fuffer the King lo hear Truth ;
r for he that fpeaks Truth to his Majefty is ruined by
^H tiie Duke.'
H^H * Mr. Shirknd. ' Are there not Perforts in the
^^f Court, of the greateft Quality, that are Pcpilht and
^^L "re favo-ired there? Are there not in our late Ar-
' mies and Shipping Pi^ifi Commanders, that have
had the greaiefl and cliiefeft Truft I Is it probable
there can be any Good intended, when thofe that
^m ^ ufc the King's Power feek ^n Utter Suhverfion of our
^^H Religion J and therefore lei fuch be voted, at this
^^^1 Committee, the common Enemiesof the Kingdom.'
■■S * Mr; Kiiizhtiy. * The Duke of Bmkingham
' ' is not only an Knemy to this Suic, bm to al! Chri-
Jlehium ; and, I pray, let thai be put to Queftion.'
* Mr. J/hbuniham. ' I cannot be filent and hear
that Man fpokcn of j and 1 pray God ih3l> whilft
I you are fpeikingof liim, we do not overthrow our -
Il-I ves, Comnium Pa iculum fftii w.mwii AuslUum'
L. •Mr.
Oy E N G L A N D. ipj ^
* Mr. Prymt. ' It is not the Duke of Bu(i-f^a.^.c^3,laJ,
iffgbam, alone, ihai is the Caufe of ihefe Evils, but «6ij.
there are fome oiher great Perfons worthy of Biamci'
•—But he could not be drawn to name them.
* Sir Archr Croft. ' Take away the Great
One, and the Reft will vanifli.*
* Sk Kshrt Pbiiips. ' His Majefty, to our great
^isFottuncSt is Hill drawn to give an Anfwer to
CUT Requefts, contrary to his good Inicntions j and
to-anfwer us by d^rk Oracles; and it is not:
E^ing QharUs counfeliing hlmfelf, but ill Counfel.
followed that is given him by ill Counfcilors. I£
we have named my Lord of Buckingham lo be the
only Man of Guilt, he muft chank himfelf, and hia
ili Advices to ihe King, that force Men lo lay him
^IJll.lf'^itsier. ' There is a Common-Wealth •■
otfapifts, Nobility, Gentry, Clergy, and Com- '
monaJty thatfecvetheDakeconftanily: InDiuryr
Lane there are three Families of Papilb, there
reliding, for one of Proteftants ; infomuch at •
it.may well be called Liitle Rom. He added,-
■"Tiat ooe Morley, a Divine, informed him, That ,
Sir aiUtt 4pfi(y (a Retainer of the Duke'^) had
poilQ.ried 4000 Men at the Iflc of Rhic^ by f urnifli-
intM-Viftuala.'
4fdx.^£j4fl- ' Let a Declaration be drawn un- ,
dejfoucHe^Si I, To ex pre fi the Houfe's duti-
ful: Qjfiiage .towards his Majeliy. 2, To tender'
oiu Ltt)?rJ,K&ll3at are violatej. 3. To prefent what : ■
tli^arpofe- of iho Houfe was to have dealt in.
4, Thst that great PerfOn, (the Duke,) fearing'.
hunfelf M> be qu^Llioned, doth mterpolc and cau4 <
tnis.Pilti action. :
' All.thij Timt we have caft a Mantle on what .
ivas done !aft Parliament; but now, being diiven^ '
ag^in. io.Jwk on that Man, let us.^foceed with
ihativhich was then well begun ; ani5 let tiie Charge
be repewed that was made laft Parliament agamft
him, ip which, he made an Anfwer ; but ibe Par-
ticulars thereof weri; fo ini"uflit;ienE, thii we might
denuntj Judgment on that very Anfwer only.'
N 2 In
N
I ^6 The 'PafiiametitaryHisYp\ t
.chirtal. ^" Conclufion, the Houfe aoroed opoo fevetil
r4i8. HeaJ^roncernlng Innovation in Religion, thk Safc<i
ty of (he King and Kini^dom, Mifgovemmenri
Misforiunc of our hie Dtfigns, with the Caal'cs of
tliem ; And whilft it was moving to he put ro ih«
Queftion, That iheDa\Lc of Budingb'im ChiH be
iniUnced to be the chief and principal Caule of all
rhufe Evils; the Speaker, who, when he had
Leave togoout,wentprivaiely to the King, brou^t
this M«(ih^e,7hai his Majrjly tommnHds, for the pre-
fiifli thty aiijaumthe Houft lUlTB-menirw Manang^
and ihni ell Csmmilttrs ceajein ihemtan time.
Aiiil the Houfe was accordingly adjourned.
■-■Jiineii. the Lord- Keeper delivered a Meflage
from jhc King to ihc Lords, in ihefe Words, viz.
<ing'jMtf- - * His Majefty takes Notice, to yoar great Ad-
"""^■"'''VantaGe, of the Proceedings of ihb Houfe, upon
hearing of his Melliigc Ytfterday j and he accounts
it as a fair RefpcdV, that you would neither agree of
any (Jommiitee, nor fend any Mefiage to himi
iho' -it was in your Hearts ; but yielded yoiirfeiVes
!o his Majefty's Meflage, and deferred your OAtti
Refoiutions, until you fhould meet again, at the
Time-hy him appointed. Yet his Majefty takes it
in exrream good part to hear what you mtendciJ;
efpecially, that you were It) fenfible of the incon-
veniences, ihni might cnfue on the Breach of this
Parliament; which, If it had happened, or Ihould,
hei-eafier, happen, hi^ Majrfty afliires himlclf that
he thall- Hand cleat, hefore God and Man, of the
Occafion. But hi<! Majefty faith, you hSH juft
Reafoii to be lenfible ot the Danger, coniidcring
how the Slate of ChTi/lcndom ftandcth, in refpeftt
of the Moltilude and Sirengih of our Enemies, ;an4
Weaknefs of our Party ; ;il! which his Mnjefty
t:no*!Very exadly, and, in rcfpcfll thereof,, called
I ftis Parliament. TheParticui-^rs hisMaicfty holds
It needVfi to rccittf, cffieeially m your Lordffiip!,
linCe t^ifV ?re appren* to all Men ; neither will it
behcedriil lo i'craie.ihcm-to hii Majeftf, whofe
Catfs aic incd iiiteniive upon liitm a4id the befl
Remedies
rflfr>.BiNG J. A N D. 157
fiemedics that can be thought of Tor ihem, , if his ^n-,^ Chi^
Subjeda will do llieir Parts. Therefore.hisMajefly "'*'*
gives your Lordfhips hearty Tlianks, ^nd bids mo
tell. you, That nothing hath been mote iircepfabla
to him,. a]! the Time 0/ this Parliamfni, than iho
duiiful and diie^ Proceedings of ihisHoufei which
lie profeJlelh halh been the chief Motive to hiii Ma-
jei^, 10 fufpend thoie lalcniionB which we;e in.
him, not far from a Refolution.'
• The fame Day, [he Speaker of the Houie of
l^ommons brought a Mcflagc from the King, whlcl^r
be deUvered to that HouTe, as follows ; .
' In my Service to ihis Houfe I have had many Another to th« 1
undeferved Favours from you, which I ihall ever, •^omnwr!! by ■
wUhoil Humblenefs, acknowledge ; but none can' "'■^f"'^*
be greater ihan ihiil Teftimony of your Confi^ience,
Yeilerday fliewcd unto me, whereby I hope I have
done nothing, or made any Reprelentation to hii
Majetty, but what is fur the Hotiour and Service
of ihis Houfe ; and may my Tongue cleave to iho
Roof of my Mouth, before I will ipeak (olhcDif-
aiWantage of any Member thereof: I have now a:
Menage to deliver unio you.
* WbercoifAs Mdjtftydoth undirjland, thai ye did
eonetivt Hs lajl Menage is rejirain yeu hi ygiirji^
Pr'nilegti : Tbefe are to dtfhre hii Intentions, "That
ht had no Meaning tf barring yoa from v/bat haib
bien your Right, but only to aveid all Smndali aa hii
Comifel and Ailiimi pafl i and (hat his Mnljltis
Ttigbiitet ie, ttar bimjelf, under their Nmnei, tax-
ed for tbeir Counfel unto hii Aia}i!ly ; and that m
fut^i Particulanjbmid be tatfn in band, m vmuldojk
jg.hngerlinie of Carffideratii/ii tbofi.ujbat hf balbfire-
yiirod, andJUil refaivei tohaldi that fi, for thii'jinii,
wi^Chrifteiidom l»ight t,ike Noitfe of a h/fft i'an-
■iHg Sdznen him and his Peepis: Wbuh if it full
!«?, bii'M^t/ly will nit be kng from omther Mect-
jiigi !A]hen fu(h GrievaniOi, if there be any, at
,ti^m^'£^Jiirt and Convenience may be (onfdittd..
Mr. Speaker proceeded. ' lu'illobfcrvelbmewh^t.
OflCof ihis Mcllase ; Ye. mnyobtevea very goci
■ ,' ■ Nj ■ lncl>
gam
iii>.4,CMrk.l. Inclination in his Majcfty towards this HouTc. I
leit. was bold lo take Notice of that Liberty ye g^re me,
Yeflcrdaj', to goto his Majelly; 1 know there arc
none here but did imagine whither I went ; and but
that I knew ye were defirous and content Uiit I
fliould Icaic you, I would not havcdefired ir. Give
jne Leave lo fay, This Mcflage bats you not of
your Right in Matter, nay, not in Manner; but
it reacheth to his CounfeUpall, ani! for giving hita
Counfel in ihofe Things which he commanded.
It is not his Majcfty's Intentions lo protcft ar.jr A-
bcttor of Spain. The End of this was, that ve
might meet again fweetly and happily."
Sir Rohrt PHl-p, upon this Mcfljge being di
vtred by the Speaker, faid.
* I rife up with a Difpofiiion, fomewhat in m(
Hope of Comfort than Ycfterday ; yet, in rtgai
of the Uncertainty of Councils, I fhall not ch^ge
much : In the lirft Place I muU be bold, without
flatering, a Thing not incident tome, to lell you*
Mr. Speaker, you have not only, at all Times, di(-
charged ihe Duty of a good Speaker, but of a good
Man ; for which I render you many Thanks.
* Another Eefpefl touching his Majcfty's An-
(vrcr loam Pel itien; Firjt, If that Anlwcr fallout
10 be fiiort, I free his Majefly; and I believe his
Refoludon was. To give that which we all expeflcd ;
But in that, as in others, we have fufFered, by rea-
fon ofinterpofed Perlbns between bisMajeftyand
us ; but this Day is, by intervenient Acc^cnts, di^
verted from that, but fo as in Time we go lo his
Majefly; Thcrelore let us remove thofe Jealoufiei
in his Majelly of our Proceedings, that by fpmc
Men, overgrown, have been mifpiefented : We
have proceeded with Temper, in Confidence of his
Majefty's Goodnefs to us and our Fidelity to him;
And ifany haveconfttued that what we have done
hath been done out of Fear, let him know, we
came hither Freemen, and will ever rcfolve to en-
sure ihe worft; and ihey are poor Memhat makB
fuch
0/ E N G L A N D. 199
Aich Imerpretations of ParliamcDtsi in this Way An.4. Ch«.i«R
aiid Method we proceejed ; and if any Thing faU "' "
out unhappily, it is noi King Charles ihat advilcil
himfelf, but King Cbarki mifadvifed by others,
and mifled by mii'ordered Couniel ; it becomes ui
to conlider what we were doing, and now lo adviis
what is iit to be done. We were taking Conlide-
rationof the Suteof the Kingdom, and toprefent
to his Majefty the Danger he and we are in. U
lince, any Man hath been named in patlicular (tho'
I love to (peak of my Betters with HumiliiyJ let
him thank himTelf and his Councils, but ihofe ne-
ceiTary Jealoufies give us Occafion to name htm ;
1 aflure myfelf we fhalt proceed with Temper, and
give hii Majefty SalisfaAjon, if wc proceed in that
Way. His Majefty's Meflagc is now explanatory
in Point of our Liberties, that he intends not to bar
va of our Rights, and that he would not liave any
Afpcrfion call on the Counfels pail ; let us prefent
to his Majefty, flionly and faithfully, and declare
our Intentions, that we intend not to lay any Af-
perfions upon him ; but out of Neceliity to pievent
the imminent Dangers we are furrounded with, only
To prefent to him the ASkirs at Home and Abroad ;
and to delirc his Majefty, that no Interpofition or
Milinformation of Men in Fault may prevail, but
to expei^ the Iflue Ihat Hull be full of Duty and
Loyalty.'
The Commons Tournrils inform us, That No-
tice being taken of Mr. Kirtm's Speech, ' That he oacinv^'^
hoped, tjiey had all Hearts, Hands, andSw-ordsto
Cut the Throats of the Enemies lo the King and
State-' That Kxpreffion, beina; thii Day called
in Queftion, it wisrcfuhid, * That therein he had
fiid nothing bcj-ond ihe Bounds of Duiy and Alle-
gance i and that they all concurred with him
tlweia.'
' .y<i>i^ T^i Ipfarmatinn was r.iven to tTie Com-
fiftjLis by Mr. KitSou {u), * ' That at this pteient
ihetc
{u] Fiom :l.c lift mtiniiatd -Vljua/.i i{t.
'' aoo The Tarliomfitary History
An. 4. chiikt i.lhereaTe ihitly-two Pieces of Ordnance ready {htp'tl
iSi,*. (or to'be lent to Rotterdam i and yet ibeToffniof
IVtyintuih, having Oidnance affigncd, cannot -be
■ fullered io be poffeflcd uf ihem though it be for the
^^H Defenceof this Kingdom/ Healfocertihcd, *That
^^H there were CcmrDitilons now granted 10 four Lsn-
H dffun to go and trade with the Dunkkkirs ; whole
Information to oiir Enemies of our Deligns, and
which Way our Shipping are bent, may beof dan-
gerous CoDiequence to our State,'
^^H * Mr. Kirien added, ' That there was a Com-
^^H milBon in the Crown-OfGce for enjoyning of £x-
^^H cifes upon this Kingdom : That BurUmnthi bad 3
^^B Warrnt of I'rivy-S^J in Form, and, as he confefied
^^^1 before the Committee, to difbiirfe 30,000!. forbuy-
^^H ingof German Hoiict in which Dalbitr wasem-
^^f . ployed; that 1000 of them are already levied,
^^^ and Arms provided for ihem in Haliani; but that
r hebad heard they were lately countermanded. That
Y jny Lord Duke wrote into Germany the laft Day
I of Mayy in which he faid, That the thoufand
Horfe and Aims, which were to come for England^
(hould be flayed, but they were all then ready to
come for £.mbden'
* Hereupon, Mr. Parker faid, ' That the In-
I tent of bringing over thofe German Horfe were tO\
^ cut our Throau, ordfc to keep us at their Ohedl*
^^_ ence.'
^^K * Mr. IFindham faid, ' That there were, Ycfter-
^^H day, twelve German Commanders of thofe Horfe
^^^ cotne to Town, and fomeof them in i'liH/'s Church,
^^^"' and tbofc that procured them were Sir tVtlHam Bal-
four and Mr. Daibier ; and that two Ships of Eng-
land were enforced 10 biing over ilicfe Horfe, to the
.LoJii of. their own Voyage elfewhere j and there be
.,P9olis of i';-eccdents come over, where the Man-
.|ijprpf,lhe Ha/iauti Excife is repeated and recited.'
■ '1 '^..* Sir ^S'Mi Maynard, » Dalbiir was the only
I' " '\ ^\'"; _ .GiifTe of the Overtluow of our Army at the Ifle
' "'i_^f JJiiffi, ihe bcin;j; an Enjiinecr; and boafted ihat
'it.wyishisDoiiiiilwi goi tile /^''-^'j/Mb cheap a Vic-
Wry
k
r
0/
ENGLAND, loi
■ tory over the Engh/h ; aTid that they might thankAn.*.CliBtlBi,
" him for it ; therefore this Fe!k)w, being a Stranger '*'*■
and a Jugler, is deemed an wtifit Man lo be a Com-
mander in our Kingdom. And that It was con- J
fefsM by JVUliamJun^ Clerk of the Crown, That
the Bufinefs of the Exdfe is, at this prcfent, in
my Lord-Keeper's Hand, and under the Broad
1 :8cal.>
-■■ ..TheQueftionwasthenputand agreedto, 'That
if any Member of the Houfe knew any Thing
touching thcExcifc, thatfhould be (ct upon naiive
Commodities in this Realm, and did hold his Pe.ice,
he fliould be voted an Enemy to the State, and no
uue Eag&Jbman.'
The fame Dny a Motion was made in tJie Houfe
of Lords, to have a Conference with the Commons
about the King's Anfwcr to their P?////on of Right;
which being held, this Day, both Houfes agreed to
addrefs the King, ' That he would pleafe to givea
tiearani (atisfaSf&ry Anfmer, in fuU Parliament, to
ihe laid Petitm-' The Lords lent a Committee of
their Houfe, to attend [he King with this Mcflage ;
who, after fome Time, being returned, they faid,
• That his Majefty would come lo the Houfe, that
Diy, at four in the Afternoon, and there receive
the laid Requeftand give an Anfwer.*
In the mean time, another Committee was ap-
pointed to put down in Writing what the Lord-
Keeper fhoiild fay to the King ; it was, likewife,
agreed that he fliould ftand in his Place, as a Peer,
and there deliver this Requeft of both Houfes to his
Mijefty, and afterwards go to his Place of State.
■ Things being thus adjufled, at the Time appoint-
ed, the King cnme to the Houfe of Lords; and be-
ing in his Robc?i, placed on the Throne, the Com-
mons with their Speaker attending, the King com-J^i\-,'^J^'^'„_
'riinnded the Ckrk of Parliament tofH/ mt M's /gr'fva lo the Pcti-
■ tner Anfw(r which was entered in the fournal, un-tionof Riehi,
dci ihc Pclilui ef Ri£l:t ; and) at the lame Time,
I
^^ aoj 77je Tnr Ham fnMry Htsron.Y
Ai.4. taiujdi.gave unro the faid Clerk his prefent Anfwer. Thfe
ifii!. being Jone, rile Lord-Keeper flood up In his Place,
as a Peer, atui Ipoke as follows,
^^JHqy it pUafi your Mofi ExuUtat Mi2JiJly^ . .
* fT^HE Lords Spiritual and Temporal, anil |
* _!_ Commons in Parliameni aiJemhIed, taking.
' intuConfideration that the good Intelligence, be-
* [ween youtMajefty and your People, doth much
h* depend upon your Majefty's Anfwer unto ihcir
* Psiitian if Right formerly pre fcnicd : WilbuI»■^
* nimousConfem, do now become moft humbla
' Suitors unto your Majefty, That you would ba
* pleafed to give a clear and fitisfa^lory Anfwta:.
* thereunto in full Parliament.'
Whereunto the King replied,
rHE Anfwtr t have already given you was maSi
will} fi gsad Deliberatkn^ and appreved by ihi
"Judgmcnti of Jo many wife Men, that lauldmt have
imagined but it/hmtd havt given you full Salis/ailien :
But to aviid all amtigueus Interpretatitns, and ia
jhevi ym there is ng Dimbleneji in my Meaningy lam
wiHi'ig to pleafure you as well in Pfards as in Sub-
fianee. Read ymr Petition, and you Jhali have an
ji„jj,;^j5,n,oji./fo_/5ffrrii;/, lamfure, will pleafe you.
cvplicjc oiif ;
The Petition was read, and then the Clerk read'-
this Anfwer, Snt Droit fait comme il ejl de(irl. '
Tiiis lamfuTCt faid theKing, is/ull,yet na more than
Jgraniedyou in rrry firft Anjwer\ for the Meaning
tfthat was te eovfiffn ad ysur Liberties, knowing ac-
iordmg to your ewn Protejlalions-^ that you neither
mean nor can hart my Prerogative. And I afjurt
you, my Alaxim is, that the Pesples L-heriiesJirengtb-
tn the King's Preregative, and the King's Prenga-
tjve !s to defend ihe Peoples Liberties.
'Y'ou'jei nezii hmi ready 1 hanjifiaved myfelftaja-
tlSi tfttf" 'Pemauds, fa that I tavi d^ne my Part ;
-•f""' ■ : -■ fFhtrefore
0/ E N G I. A N D. aoj _
WhtrtfoTt^ if ibis Parliawiia bath ml ^hdfffyCm'AB.^ctiutttl.
(luftcn, the Sin is ymrs ; 1 amfftlframiU »*»>•
There is a Memorandum entered in the Lords .
"Jmrnilt ' That zx. the End of the King's firft I
Speech, at ihe Antwer to the Ptutm, and on Uie '
&iiidu(ion of the whole, the Commons give a
great and joyful Applaufc'
Rvjhwarth informs us, That the Commons re- ^
tnmed to iheir own Houfe with unTpcakable Joy; pc^rjoy.
and refolved fo to proceed as to exprefs their Thank-
fulnefs; and now frequent Mentioh was made of
Prc'ceeding with the Bill oi SubfidUs'; of (ending
the Bills, which were ready, to the Lords, and of
perfefling Ihe Bill of Tunnage and Poundage,
Sir John Sirangnvajs alfoexprdlTed his Joy at the
Anfwcr; and further added, ' Let us perfedtour
Remonftrance : King Jamts was want to fay, He
kDew that by Parliaments which oiherwife he cotUd
never have known.' ' '
yune loth, the King Tent the following Mcflage
to the Commons by Sir Hunphrey May.
HJs Minify is well pUafed thai yiur Petition of
Right and Us Anfwer, be ««r enfy rteerded in both
Heufoi ef PorSamentt but alfi in all the Caarls of
Weftminftcr: ^nd his Pleajure is that it hi put in
Print, far his Hrnour, and ihe Content and Salts-
fe^ian efhis People; and that yau proatd tbearfully
toftttle Bafmjes far the Good and Reformatim of tht
Common- H^callh.
. yunt 12. The Commons read a third Time, and
pS&d, the Bill for granting /rw Sk^^AVj lo the biii of Bt. EuI
King ; and ordered that it fhould be carried up ioS'ii'< Fsi»'i
the Lords. Sir Edward Coke went with it, and
aJmoft the whole Houfe attending him.
To return to the Lords, who, for feveral Days,
hail been employed in the Charge of the Com-
mons sgalnft Dr. Miinivaring. On the gih of
funf, the Lnrd- Keeper having repotted the DecJa-
ao4 T^e 'PariiaHieimifyiJiirokr
ju.^Omkii.f^'^oa beforemendoned, and :he Subftance of Mr,
■6ig. Pym's Speech on the Delivery of it; the Lordi
ordered that the faid Aiiinviaitfig fliould be takeii
Ninto Cutlody, and brought to anrwer the Chailge,
eiJiibiiciiagaioft him, the next Morning.
yunf lo. The Lords fent to defire the King to
grantfome longer Time to this Sedion j to which his
Majefty returned for Anfwer, * That fo as the great
Bufinefs of the Nation, which was intended to go ■
Hand in Hand with tlie Petition of Right, might
receive no Delay ; he was conienied to enlarge the
Time of this Seffion, fome few Days, to diipatch
(he Bufinels of both Houfes.' This Anfwer was
alfo fent (o the Commons.
The Lords examined feveral Witneflb in Dr.
Mcnuioriitg's Caufc: The Proceedings wherein we
(ball give, de Die in Diemy from their Jmrndt,
yune nth, Roger Manwariug, Doflor in Di-
_ ft'oirMM- vinity, being this Day brought to the Bar, the De-
jraiinghefuretheciafaiion of the Commons agatnft him was read.
Then Mr. Sergeant Crew and Mr. Attorney-
General did chirge him wiih the Offences contain-
ed in the faid Declaration; And opened the Proofs
, of the faid Offences out of the feveral Places of his
[ two Sermons, which he preached before the King's
* Majefty in Ju'y laft. And they, the faid Mr. Ser-
* geant Crew and Mr. Attorney-General, did fur-
' iher charge the faid Rsger Manu^ari/ig, for preach'
iog a third Sermon 4th of M^y laft, (iitttrng the
ParliamentJ in his own Parilh Church of St. Gilp
in the Fitidi ; wherein he delivered three AniClesio
thisEffefl, viz, . _'
. I. 'That in Matters ofSupplies, in Cafes'^
Neceffity, the King had Right to order all, asfteiii;
cdgpodtohim, without Coiifent of hisPeO^e. ''
a.i *-Thai_i'he King mi^ht requireLoans d/ his
People, and avenge on'fuch "as (nould deny. " '["'
3. * That the Subjeft hath Property of hi^GobijV^
JB-Ordicwyj but'^ in iExmorditiaties, the frotjer-
lywasin ihe'Kirf^? '■" .''
•■■■'■-■'Alia
0/ E N G L A N D. 205 ^
. And tlieychargcd the faidjl^dnwflm^ with gi'catAii.4.Cti.rleiI.
Prefurapiion, lo difpute ihc Right of the King sai i**'-
Liberty cf the Subject ; and the Righl of the Par-
laments, in his Ordinary Sermons.
' The Charge being etlded, the Lord- Keeper de- ^M
Eanded of Dr. A/fl/ncjr/j-;^, Whether he didac- ^H
owlcdge the three Teneis to be preached by biin ^H
in his' Sermons 4th of May: This he abfolurely
denied. Whereupon ihc Clerk read the Examira-
lion of Hammond Claytun, Efq; and Sir Danitl
Nertan, Knt, who had affirmed ibme Parn there-
of upon their Oalhs.
- Then Dr. Manwaring, being admitted to fpeajc
for himfeif, proiefted before God, upon his Salva-
rien, ' That ho never had any Meaning to pcrfua^c
the King to alter the fundamental Ca'Ws 'of-jlpe
Kingdom : His only Ends were to do his Majpfty
Service ; and to perfoade a Supply in Cafes cf-e!p-
iicme, NecelBiy : He defired Favour and Juftife to
explain hitnfelf; and, becaufebisEook confiftsof t •j«<r>-x.-
many'Condufions, that the Spiritual Lords m!g}A"^'*i '"^ a..-.
be Judges of the Inferences and logical DeduiUohs''"''"'"''*"^"'
therein.'
He further humbly befought their Lordfhips' li '
allow him Counfel 10 fpenk for him, in Point W
Law i Time to apfwer the Particulars ; a Copy of
the Charge in Writing ; and Rccourfc to his Boots
at Home, upon Caution to attend again, wli:'a
iheir Lordihips (hall appoint- ■ ""
-The Prifoner being withdrawn,* and, after forie-
Debate on his RequcRs, brought to the Bar agay,-'
. ^ Lord- Keeper) by Direilionofihe Houle,Hahi-
I«Shim for that he divideil his Judges ; by Acquiring
[ *Part of his Charge againft him to heTcffrred to
Kwe Lords the Bilhops ; whereas the whole Ahtttcr
I Wongs to ail the Lords jointly.
Lr.Then his Lordfhip tcld him.Thnrihe Rcufeharl
^icnifidered of his other Requcils, and gTanted him
ihcfe, viz. . " ' ' ■
i. ' Tohave a Copy of his Chaf^c.' '
^ 2. ' TohiveTime'ttllfria'a/Moinihgto-niate
bis Anfwer. '
■ 3. * To
I
I
aotf Tfn ^Ar&amentary H| s t oi t
«ii.4.aij.itiL 3. * To have Leave to^o, to Tiia own Hpufcj,
'6-8' jnij to abide there willi a keeper.'
And his Lordlhip furihcr lold him. Thai if, upr
on rccollctSing himfelf, he (hall dclirc Acc^, iq
I their Lorijfhips To-morrow Morning, it (w9'&^
granied him. . ',',,,.■
lune I2'.h, aMeflage from the Commons.'bySur^
Eaitiaid Coke and others.
The MelTage confiftedof two Parts:— The/r/?
conceruiiig ihe Petitm e/ Ri^hl exhibited to his
Majefty by both Houfes ; That his Majefty's An-.
Iwer iliercunJU) liad caufed an Exprcffion of exceed-
ing orcat Joy throughout the whole Kingdom:-
And, that this Joy might be made perpetual, to
the Honour of ihe King and Comfort of his Peo-i
I pie, the Commons were iti Confultation among^
themfelves, to move their Lordlhips, Tliat the did
Pitition, w'nh the Jiifivtr, might be entered in both.
Houfes : That it raigiit be enrolled in all the Courls
cf Juilice in lS'f/iminj!iFHA\], for a Mirror to tjie.
Judges: And th^t i: might be printed amongftth*.
Statutes of iha SelTion. But that, before tbey
could coma lo move their Lordfhips to join with
them in defirlng the King that all this might ac-
cordingly he.done, they were prevented by his Ma-
jefty's gracious MefTage to the fame Effeflj of
which they have i>lready made an Emry io their
Houfe. The Commons, therefore, defire that the
ifame Meflage may be entered here alfo ; and then
all the. reft will necelTatily follow.
The fi^and Part of tlieir Meflage was con-
cerning Dr. A/ij/jifdri'/^'s BoOi;: They J'aid they.
► found hia Majefty's Command fei upon the firtt
Leaf, to warrant the Printing of that Book ; but
that this they had Cauie to fufpefl, becaufe, tho'.
they found thofe Words ftruck out in the Original,'
they ftiU flood ill the primed Book. And, as ihey ,
conceive the iPrinter durft not do it without War-,
rant, they therefore defired their Lordfhips to ejfa-
laiiie by wliat Means this fpecial Command was de-
nved, irom his Majefty, to the Primer f A.tMl;
wheO
w
Of E.N,GA.A,]^.D*'. m ^
I. ■ ■ •
vrben their Lordfliip^ have found tbcP.arty9.0r Par- Aa.4.ClurMb
tiesVwiib gave the Warranty th? Commons dcr 'M«.
mand ;o ba¥^ him 0r them puoifli^ with as mucft
Severity or more, as ^anwaring hiqifelff
A^/v)ir. The Lprd9 do, unanimouflvt agreet
That tns Majefty's laid Meflage for the Entering^
Enrolling, and Printing of the (aid Petiim and Ah^-
fwft fl^Il t>e enter 'd herei as is deHred : And, as con-.
ceirning the Examination who gave the Warrant-
for Printing of Pr. Manwaring's Book, their Lord*
iKips will take it into Confideration ; and do that
therein, which (hall be fit.
The fanae Day, upon another Mellage of the
Commons to the Upper Houfe, it was ordered by
then- Lordfliips, That Richard Badger^ who print-
ed Dr. Manwari/rg'a Book, be prefently brought
before their Lordfhips j who, being brought to ^e
Bat, fworn and examined^ anfwered. That Dr.
Mamomng^ himfelf, delivered him his two Ser-
mons to be printed, with the Bifhop of London's
Signification to that Effed, under his Lordfliip's
Hand : And that when the Book was fully print-
ed, Or. Adanwaring brought the Title of his faid
Book, written with his own Hand, as it's now
printed.
Hereupon the faid Printer was difmifled at this
Time ; and the Earl of EJfex and the Lord Bifliop
of Lincoln were fent, from the Houfe, to the Bi-
fhop of Londotty to underftand, from his Lordfbip,
what Authority he had for fignifying his Majefty's
fpecial Command for the Printing of Dr. Man*
warmg*s Book*
5f«»/ 13th, Dr, Mainwaritigy being tWs Day
brought to the Bar before the Lords,, and admitted
to fpeat for himfelf unto the Charge of the Com-
motes'agsritift him, anfwered in Effe^as fol!owetJb»
* ftrft^ He {}iewed that he was. under a .great Bur-
then of Sorrow and' Weafenefi here, tp prefent him-
felf unio their terdft pi : .Aiid then r^)dered tbei^ .
Lord-'
eB ao8 77ie Tar/iame»tary HisroviY
fuTHnki I, Lofdfhips humble Than);s, for giving him Leave
till, and Time to recollefl himfelf before he made his
Anfwer: And ciaved a favourable Interpretation
of what he was now to fpeak.
^^^^ As touching his two Sermons complained of by
^^H the Commons, he faid, < Thai he was induced to
^^^B preach tliem by a public RemonHrance of the Ne- .
^^H cefliiies of the Slate at that Time: And that be „
^^^M prinied them at his Maiefty's fpeciat Command. ~^ _
^^H That the Grounds of his Poficions, in thofe two Scr-'™ I
^^ff mons, are in the Holy Scriptures, and in the Inter*-^*
I prefers of the Scriptures ; and arc not complaintd ^m
ofhy the Commons, but the Inferences only, drawn -■
from thofe Grounds, are queftioncd by ihcm.' . ^
He craved Leave to explain himfelf Jn two of '
thofe Pofitions : The ^rj! where he fays, * That '
Kings partake of Omnipotence with God, hefaid.'*
That he meant no more by this than is meant by^"
the Holy Scriptures, and by the Laivs of the Land :
For the P/'almi fay, Dii e/iis ; and Mr. Cakitn faith,
Heges a Deo Imperimn hotere, iff dlv'mam Petejie'
'- rrmin Rrgi/m re/j.iere: Wherefore to offend againft
Kings he thoLgin ii Sjcrilcge; and, by the Laws
of the Kingdom, a great Image of God is in the '
King. - The atber Polition. which he defired to
explain, was touching the King's Juftice; where
he fays, in his fecond Sermon, (p. 25.) ' That Juf-
' lice intercedes not hetwecn God and Man, nor
* between the Prrce, being a Father, andthePco-
< pie, asChildien ;'
He faid, 'That he meant thereby, that as Man
Cannot requite God, nor the Child the Father j fo
the King, being Difpenfer of God's Power, can-
not be requited : Bui his Meaning wiis not, that
the King fhould not have Laws.
' And touching thofc Inferences, made by the '
Cotnmoiis out of his two Sermons com|^ained of, '
I, which ihey imputeeiihcrioSedition or Malice, or ■
to the deltroying of the lUunicipal Laws of the
Landj-or flighting of Parliaments: He protefted,
before God and his holy Anget?, That ihey were '
never
^^ •*_ , ., , . ■ . #'>,»t. ■ J) 4: »«r .• . «.• ■ ...■•
■♦,*■» ■H j|» .1 ■.*, ■ ■ .' ■ • • ■.»! ■ ■ . . : » »,■-
ncviM: m his Tho«gWs, . He pqly tjiought ip ipep^"' '♦•^^^5**' '•
fuide jthofe J)p;u)unibit^ G.^ntJeiDens wbp refu&d to •
conform themfelves, to. yield a Supjdy unta.the
pr^en; and ipaiQio^t JN^effities of the State.
Ai^, in.the Conchifion of hb Speech, he-expref-
ied^ibii giieat Sorrow to be thus accufed i and begg'd
Fatiioaatid. Mercy of their Lordfliips, and of tho
ComipiQIfSf even for God's Sake ; tor the King's
Sak^.Svhom they To much honoured ; for Relx-
gionVS^^^^ ^^d for his Calling's Sake ; humbly
befeecbing them to accept of this Submiflion/
This being fpoken by Dr. Manwaring^ and
he willed to. withdraw; the Lord Archbi&op of
Cat^erbury {x) called to him to ftay : And havingThc Archbifl«>p
defired Leave pf the Houfe that he might fay foxier J^^fT^^^*
what. unto him, which was granted; his Grace him.^ ^
then told him, * That he might have made fome
better Ufe of the great Favour which they did him,
in giving him Time to recolleft himfelf before his
Anfwer ;' But he law in.him (as St. Bernard faith)
* That there are fome Men who are miferi fed non
mifer^ndi: And that he was forry to hear fuch an
Anfwer to the Accufation of the Commons:' Bu:»
God be thanked, the l^ing had now wiped away
what W4S intended by his two Sermons ; which Ser-
mons, his Grace fald, he both mifliked and abhor-
red, and was forry that he came only to extenuate
his Fatjk.: Touching the Participation, wiiich
Dr. Matiwaring gave the King with God, hir
Grace told him, ' That it was veiy Blafphemyi
and that thofe Words in the Pfalms, l)ii iftis^ do
warrant no fuch Matter :' And touching 'his other
Aflertion, that there is no Juftice but bctweca
Equals, and not between God and Man ; the Pa-
rent and his Children ; nor between the King atid
his People ; his Grace told him, ^ It was impious
and fali'e ; and that he had thereby drawn an Infamy
upon us'and our Relij^ion; andhad given an Occa-
fion to the JifuUs to traduce Mt •* And (hewed him,
* That the Scriptures do plainlv declare and prove
a Juftice from God to Man, nom a Parent lo his
Vol. VIIL O ChilJren
210 7he T/friiam«sat^ ii^sroKY ^1
1. Uiiidren, "and rroni a King to his People:' Atifl
ftiTther, ' That, by the Laws of God and Man,
there was ever a communiiive Juftice between the
Kmg and his People, for Matter ot" Coins : Atrf
a diftriboiivc Juftice for Government.' Then put-
ting him in Mind of Aimfarchis, the Philofopher,
■whom the Kinfc of Cyprut caufed to be brayed in a
brazen Mortar for his bafe Flattery (as a juft fee-
ward for all Flatierers of Princes) he blamed htm
much for cuing of Suarez, and other ^Jefu-U^ in his
S.ermons: And willed him to read the Fathers,
itie aniient Interpreters of ihe Scripiure?,' .1'' ^_
The Lord Archbifliop having ended his graft ^H
Admonition ; Dr. Manv.'arUig made a fhon K?- ^^
ply touching his faid two Allertions: And _fii3,
■ That he denied not Juftice and Law to be be-
tween King and People; but affirmed that the
King's Jiiftice could not be requited : And excufel
himfeU for citing of Su/irez, for in thofe Placey&C ^^
fp.ike for the King.' "-^ ^H
The Pjiioner being withdrawn, the Lords con- ^H
fidered of ih^ir Cciifute againft him ; and their
Lordfhips thought him worthy of levere PflnWh-
meni : For altiihuiiDg unto the King a ParBcipi'-
lion of God's Omnipotence ; and an abfolnre
Power of Government : For his fcandaious Afler"-
(ions againft Parliaments: And for branding (toft
Gentlemen, who relufed the late Loans, with Datn-
nation: But, for that he fo deeply protcfted that
;lie bad no Intemion to leduce the King's Con-
icien^e ; nor to fow Sedition between his Majeflt
and his People ; nor to incenfe bis Majefty a-
gainft P,uliamentsi nor to abrogare the Munici-
pal Laws, as was obicfled by the Commons; and
, - i(L regard that the King himfdf had pioieftad fts
' ■■'W'Bs, sff.rmed by fnmc Lords of the Privy COoticilJ
■y .i^^t he un'lefdood him not in ihat Senfe ; and for
^t tiis Majcfly's gracious AnfivcT unto the P'ltUhii,
_ vfiRight, exhibiiwl this Pailumtnt, hath removal
-.thijfe Jealo«Jie;,_ .which ■ oihtxwife the iubjei^t
W'-^bljm^iy hav*£art.''V'ft)^ti''-vAtieriions in.rhofe
_-.\ . ': t'-i. .Vi\ - ;.: \: * :. ■' .-^.fiCTinmfft
■:>mvi:!i-.iU y*X Vn ■-5'. tt V -v. >.-:■. vri.) (^i?\
^miP^i i i^A^ Mfo ^ -tha*^ h^ t^ ftia bfj iif^fi- An. ifciltfltt I.
39IH7 fer >0ie.,iac9^i rtitielr t^rdfrw. agreed, joC^
l^iid^c.Sfntenge :?^iptft biQi than otberwife xhty
V . I .^bifir ScgficRce, .. l?eing firft argued by Part$, was
aj^riRfards i-ead and aiflented unto by tit^ generad
ind uoaoitnous Vote of the whole Houfe.
z'<^wu 14; A Meflage was fcnt to the Commons
*by Mr. Sergeant C rem and Mr. Attorney General,
..^TJiatthe Lords were ready to proceed. to Judg-
ijwnt againft Dr, Manwarlng 5 if they, with their
Spe^kier^ will come to demand the fame*'
'A^er^ ' They will come prefently/ .1
J 'Tac Lords being in their Robes, Roger, Mafu^
wqfii9gr\Jyo6^0T in Divinity, wasjjrought to the
Ba^f by; the Serjeant at Arms ; and the Commons
with their Speaker being come, Mr. Speaker faid^.
. ' My Lords^
* fTpHE Knights, Citizens, andBurgefles, of
* X; the Commons Houfe of Parliament, have
^ inapeachcd before your Lordfhips Roger Man-
^ WAri^j Clerk, Doftor in Divinity, of divers
^ enornious Crimes; for which your Lordfhips
^ ha\^e convened him before you, and examined
* the -fold Ofiences: And now, the Commons
^ h^ve corxihianded me, tlieir Speaker, to demand
* Judgment againfli'him for the fame/
Then the Lord Keeper pronounced the Judg-
ment agaiaft him in tbefe VVords^ viz*
'Ifereas. Rogtx Manwaring, DofJir in Di^The Lord K«p-
. ' vimty^ hath been impeached hj tb^ Houfe rfV^^^^^'^l^-^^
Cdttmom far Mifdemianmn of a Ugh Nature-i /«D,/M"nw£ioi»
freathing Tzco. Sermons beforjt bii MajiJIy in Summir
iad i:tt^ich are fina pubhjhei in Print ^ in a Book
fwHfiiiedi Religion and Allegiance ; W inM Third
^ermon^ pKeattirdHn the far\fh Church of St. Giles
iQLidlca Eiklds, the 4/A of May b/l 5 and their Lord-
Jbipi have conftdered of the Jmd Dt. ManwaringV
Ao. 4 Char i«« I. A^^'' thirmntOy isprlffii with ^ian miJQrShf
* 162S. '/«'* his Offence^ mo/i humbly craving PsrdsH4bereA,
fit9 of the Lords and Cffmm&ns: Yet neiijerthdUfs^
pr thai 7 his tan be no SatkfaSthn for the great Of^
fences wherewith he is charged by the faid DeelOM^
tion^ which^do evidently appear ifi the very Ifirtlsiaf
the faid Two Sermons ; their LifdJUps have frocoidaL.
' to Judgment againji him; and therefore this :\bigb
Court mh adjudge^ ' ■■'.:■
.1. 7Atf/ Roger Man waring, Do^or ifiDwinky^
Jhall be imprifoned during the Pleafure ofikeHm^'*^.
2. That he Jhall be fined at loeoi to theKng^
3. ^hat he Jhall make fuch Submijfton and At-
imwledgment of his Offences^ as Jl>all be Jet down
by a Committee^ in iVrtting^ both here at th^ MoTj
and in the Houfe of Commons*
4. That he Jhall be fujptndedy for the Term ^
thee Year s^ from the cxercUing oftheMinifiry\ ond^
in the mean time^ a fuffident preaching Minijler
J}) all be prov:ded out of the Profits of his Living to
ferve the Cure : This Sufpenfiony and this Prmjifion
of a preaching Mimtler\ Jhall be done by the £otlefi-
afiicdl jurifdinion* . . : ' .
^, That he Jhall be difahled for ever to preach tA^
the Court hef eafter, . V . : '\
6. That he J})all be for ever difahled to have any
EcclefiaJlical Dignity or Secular Office.
7. TJ)at the /aid Bo^k is worthy to be burnt: jfmd.
that for the better effetHng of thisy bts M^ejfy
fnai be moved to grant a P reclamation to call m' the
faid Books ^ tlnit they?nay be all burnt accordingly} in
Londoiit and in bo/ h the Univerfities ; and for the^in^
hi biting the printing ther^oj^ hereafter^ upon a great
*' ' Penalty. ■ .. . "
And this is the Judgment of the Lords. • .":; i
Then the Commons departed* and Dr. Mar^
mfrifig. w^s fent Prifonef to ihe Fleet, ■ : .
• After rhis ihe Bifl'iop of Likccln ( y*) reported.
!l e,/\nfwer of the Eord Bifliop of LoHdoit^ unio Hfe
Mefla|c-.
i^ixyT.Jshnmiliiimi,
V I
Of B N G L AN D. 213
Meffige ienthim by the Houfe the lethof 7^/?^^ An. 4. Charles i.
to this Effeft, t/Zz. '^»«-
, That the L^rd Bifhop of London {z) anfwered*
* That be received a Letter from the Bifhop of
Bath add JFells {a) the laft Summer, for the print-
ing and' publifhing' of Dr» Aiamvaring's two Scr-
xtionsy bvbts Majefty's Command : And thereup-
on his Lordfcip did give Way for the Printing
thereof, without further Examination : And cau-
ftd.thefe Words, Publi/hed by Us MaJeJ/s Special
C^mmand^ to be put on the Front of the iaid Book ;
that it might appear to-be printed by his Majefty's
Authority, and not by his Lbrdfliip's Approbation.'
Hereupon the faid Lord Bifhop of Bath and WeUs^
being prefent, faid, * He could give no fudden Anfwer
unto this Report ; but acknowledged that he wrote
the faid Letter unto the Bifhop of L$ndotj^ by his
Majefty's cxpreis Commandment, that the faid two
Sermons fhoiild be printed ; which Letter, he faid,
he wrote laft Summer from If'oodjlocky when his
Majefty was there.'
And the Earl of Montgomery affirmed, upon his
Honour, ' That he was then prefcnt at tVoGdJIcch^
and heard his Majefty command the Bilhop of Bath
and fyiUs to caufe the faid Book to be printed ; and
that the faid Bifliop defired his Majelly to think
better of it, for there were many Things therein
\fhich would be very diftafteful to the People/
TKc Duke of Buckingham alio, and the Earls of
Suffolk and Dor/ety protefted, on their Honours,
* That they have fince heard his Majefty affirm as
much.'
I
\ '
^ June i6th, The Lord-Keeper reported to the The Commons,
Lords the. Effeft of a Conference, which had been*' *Sn^"/a*^*^
defired by the Commons, touching a Commiffion,^ommiifionof
dated uUimo Februarii^ laft paft, and granted to fe-£xciie.
vera! Lords and others, to advife the King how to
£fttfe Money, by Impofitictns, or other Ways, in the
JIature of Excifi^ After a fliort Preamble, his
-^Jiordihip commanded the Clerk to read the faid
O 3 Com-
(m) Pr, Gcorie Mwntaigne. (« ) Pr. iVilliam Laiid^
I
l''*L*^'"i-Commiffion, which beingdcaic, he fliew«d the nWr,
"t" ny Inconveniences which the Commons obfervctJi'
iherein. What they chiefly Hood upon, was,i
That ID riife Money by Impofitions, without Con,v
fenr of Parliament, 13 diredtly againft ihe Liberqiv
of.;he Subjed), and trencheth upon the Frop^ty^
of.lhoii Goods ; contrary to the Judgment |ate]/,> -
gkvtci this Parliament, that is, to his Maje%'8 gra-n,
cious Jn/wir to the Pilitm tf Right. And that '
theCommons did demand that ihis Patent might 115^
damned and cancelled, theEnrolment of it vacataj^c
and the Warrant alfo for the Great Seal tobec3Q<>j 1
celled : Likewife, the Commons did fatdier dsr^
mand, That the ProjcClori and Piocurers of thut<
Commiirion might be difcovered and proceeded a^'^
gainft. .1
Thb Report being ended, the Lords fell iiitQ «i <
long Debate on the Subject of ii ; and, at laft, ap-,.
pointed a fpeci,il Committee to draw up a MeSge..
to the f^ing. from tlii^ir Honfc, for cancelling the.
laid CommiMon. . ,
The Cotteilor informs us. That, after granting -.
the Psiiim e/ Right, {he Commons srdtffi that
the Grand Commitiees for Religion, Trade, Gric .
vances, and Courts of Juflice, fliould lit no longer.^
But, at the fame Time, that Houfe thought pra-. .
per to proceed in ConfiJeraiion of GrievaiKe& of
molt moment. And, firjl^ they fell upon the-.
CommiHion for Excife, and fent to the Lord Keep- ■
er for it ; who returned Anfwer, ' That he received
the Warrant at the Council Tidile, for the Sealing
thereof, and when the Commiflion wasfcalad, h*
returned it back lo the faid Table.' However, the . ,
CommiiSon was lem and lead in the Houfe,, ,« ,_
hat yerba; ■ ■ \'\
f ^HARLES, by the Grace of G<^, King^^^-l
\^j.land, Scotland, France, ami U&Uui, D^tn-.^^^
der ef bhi F/iiih, &c. 'To iV Titoraas Covenirji, ,\
KnI. ■Lfd-'Ktfper tf.thi G'fjt Seal e/'Xnglund ; t^
Earl 4/'Malburgh, Lerd H'gh Trc.inirei- if ■
i'liilitiftli.HMif;. ^ar^^'lVUcehdtef, l,'n.i.P>'-f-^-
I
I
.s*-V
i^d4^& ^ aurFtivf-Sial'y Gtot^ Duti tf i^»B.
Bdcrmgbam^ l^i High Aimrat tf ^x\^Wi
Wnikih ffff/ ^ Pembroke, L^A-SNwari ef «iif«
/A^ATi 'Philifj £i^/^Mbntgomery, iMt^Chd^"
hrlMn W ^r HmfifoOl'i Theophilus Bart 9f Slif^
fWfcV &o^ *te- Urming, mereai thefrtfmi Ctn^ ^
jttnitk^^ipil^'giktriil Affmri ^ChriftendOTi; ikwd
turmmfpBirtHiiUr Inituft^ in giving AJJifthiite uiit9
^ ^l^Jf^i AUiiSy end fir frm^ngfir the Defhui- -
add'Saj^tyif^tir ifWft D9mi9ihn5 and Peopk, SeaH
iifm us Jtb^ mgkif nothing that may conduce t9 th^
godi Ends I And htttmfi Montis (the principal Sf- >
nMs eflVari and one of thtfirft ant cM^Ji 'Mowrs •
in *all great Prepardtions and Anions.) ^^re HtJpcifflfrf -'
to he provided in the firjl Place \ and we are carifM -
thepftk fnay be rai/ed by futh fVaysas mayUfiiiand
tafthti&Siate of our Kingdoms and Suijcffs \ dudyef'
fil^4^e¥ tb^p'eJfingOmJions rftheprefent Tithes : '
/iP*,- wlf^efir^y out^f the Experience we have bad^ ^
and for the Tru/i we repofe in your ffydoms^ FideH-- '■
tikt^fii-dulifkt'Care of our Service; and for the Eft-
pA^hc) you have of all great Caufei amarnifig us and '
Ofer^Skite','%ofhas they halve Relation to foreign Parts *
ffWft^^- dnd-as-to our Common- ff^ealth^ and People [
arWItd^'Jye ieing Per fins called hy us to be of our
PVtvfi€^til) have thought fit, amomfl thofe great
a^lntprtant Matters^ which Jo much concern us, in -
thffiffl^cindthiifefi Place, to recommend this to your
fpmhVmf^iMd Diligence.
ythd'^li^ii hereby authorize and appoint, andJlri^U
ly^ll'^M'remire yon, that^ jpeedily and feriovpf,^'
yoU^^tW^ bcnftdemtion of all the beft and fpeetir-
eJPWeifs^itnd Means ye can, for raifing of Monies fo^ '
the mojl important Occafions aforefaid ; which, wrtb-^' "' '
out extremeji Hazard to us, our Dominions, and Peo^
plef-Ttfid/ti our Friends, and Allies, can admit fffno\
long 'Delay: Thefamefo be done by Impojrtions, ^ri^--
therivife,' as in your fVifdoms^jina bejl Judgments ye •
Jhallfind to le moji com^en'^ent^in dCnfe of this intvi-
table'hJereffify ; urfye'rein Form' and dreumjlanc'e ;/;///f
Ac df/penjed withy rather than the Sub/lance be hji^
or
hu^Oi^i
\.ir. bii^t^did. Ani htriin^mr tViU and Pltafiia
is. Thai you, er as many o/yeu^ frem Timi h Timl,
as can bt'fparid frtm Jttin^anu upon cur Ptrfon^ or
ttfitr tar nuiJjaTj Stniius, As uje all Diliginu hy
ysur friqutnt Metlingi, and firiaus Cta/ullatie^
Aa4 whin ye have bnugbt any Ibing to Maturitit
yt vukt Report tktrtif unto «,, and advfrfi/t in ^
th^ 7ki/igs ye Jhsli liihtr refeht upen, er, ibini fit
(t .^iprifint unta us far tbt Advinumtnt ef UAi
grt^t Sirviu ; luhich, with tbt greaiejl Jmeilian
we fdi> we reiBnimend to ysur beji Core andyudg-
tfient ; wherefore ye muji. .lot fail, as ye tindtr ,tiir
Hineur, and the Safely »f our Damiuions and PtepU :
\4nd fer d^ing hretf, theft Prejenti fa^ll bt U J«4»
and every of you, a fuffiaint ll^arnint and Difibtte^f
in -thotj Behalf e: Jitlfslnefs whereof vjtbavt-taitfid
' thefesur Leiters tole mads patmt. -<, ,li,j
.»wi . Witnefs p,url(ll, »t li^ejhiihijhr, the Isft Day of
rtj5. , FebiM'yt in iJie ihird Vcar of our Rugiu -
.^iili ,. Per ipfum Rtgtin.
. To proceed further with ihe ComniDns, — Mt-
RuJhwoith\i:\\i lis. That ihe Houfe, having weil
iii^i iiuilhed the fevcral Particulars ufGricvaQces
of mod moment, lefumed ihe former Motion ; To
declare who was the Caufe of all tlioic Evils, whict^.
ip.it. Committee of the whole Houii;t was meM-
Qued before. \
c This Dcbste was as hot as ever ; and the Crinte^-
To frequently objedled againll ihe Duke, w?rp
^^'^"brought in afrefli, as if they had nevei; been pro-''
' pofcd in the Houfc. One made a Diftin£iioi) tb^^
the DuVe was the Caufe of fomc, and a Cuiff^f
xither Giievances. For the frj}, he inftanecdi ^,"
jie Difaller of the Armies, the Decay of Poitf^
"XfifTe, Shi|>f, and Mariners. For lie f and, hp,
'inilaoced in Religion. Fir/l, His Motlier was Su
" " and , a Fsfterer ef Recujants. Seicndiy,
Pipilfs by Im^jloymeni^, and Pa^;^
tptaiiis are placed by-him. And as for /frminiaH^
f'^^Hiuji {i) is a Place of Coiduiuiioii for Mon-
'-. -. t'H.iit
I
>■
X^ E-N GLAND. 117
l^g's^- land other?, from whence is like to follow An. 4..Cbariett«
jDn^vation in Govcrnnient. '••••
^^ Another (InPurfuJtof the Argument, That Pa-
^pifts were employed by the Duke) named DaB^kr^
is the lyian who betra)^ our Men at the Ifle c^
-Rhn\ ^here all was carried by the Advice of pri-
vate Mjen, land ftnne i]l-^fie£led in Religion ; that
4ii an Affiult before they came away, five hundred
'Men were loft \ and in the Retreat Dalbiir was to
^ make a Bridge, which did fo intanglethem, as thejr
tx>Qld make no Defence : And all contrary to the
"Advice of the reft of the Commanders.
'2kx Riberi PbiBps was of Opinion to have the
-Decteration run thus* ffi concehe the Greatnijs and
Pmer df tbi' Duke of Buckingham is the chief Caufi
afall thefe Evilu We are not in a Way of Charge,
but of a Remonftrance.'
. Sir JAn Elliety Sir Edward Coke^ and Mr. SeU
ien W€re pofitive to name the Duke as the Cauft
of our Evils \ for fo, faid they, ^ He has been alrea-
dy declared in the laft Parliament ; fince when, the
Caufes are multiplied, and he hath deferved nothing
better of the Common- Wealth/
' In this Debate there wanted not Mediators, who
did defire the Houfe, for their own Ends and Hap-
pideft, to bcfparing in that Kind. Sir Humphrey
May put them again in Mind of the King's Defire,
^ That all perfonalAfperfions might be fotborn ; that
hi^ Majefty will take it as an Argument of their
^federation and Judgment, if they forbear in this/*
: Sir Hetttj Martin advifcd, * That the Remon-
ftrance be fo framed, as to make it pallabic to hi»
Majefty'ff Judgment and Affeftion: Let him be
-perfuaded that it comes from a public Senfe, and
not from private Ends/ And he vindicated the
Duke in Point of Religion. * 'Tis true, faid he»
his Mother is a Recufant^ but never any Thing
more grieved him 5 and never did a Son ufe more
Means than he to convert her, and he hath no Power
. over her ; and for his own Lady, whom he found
not firm in his Religion, he hath ufed Means to
confirm her. As for Armniam^ I have often heard
him
J».v**«riMii(hiinpro«ft,an(JvowagainfttiwirOpintom. Itis^we^'
**•*•" many thai have Skill [herein, may have fwneCift-'
<Jit wiih him, and make Vie of his noble N&fure'
■ fM iheir own Ends. One Particular I know wfell,
■^H That fome Gentlemen and Preachers of grcar El^l
^^^P. , teem were quetlioncd for a Matter, wherein ihiflj'
^^B^ was fomc Error in the M vner, of which they wtiFt'-
' prefentcd ; I toW him of [hem and that they weW"
qucflioned, and he anfwered me. He would do the
beft he could for to countenance ihem.'
Sir BnjamtH Rudyard gave his Judgment, ' That "
if [he Matter be urged home, it will procSaJm ibe
Man louder than wc can in Wordi. If we name
^^_ &[ceS of Power, ami Atmfe of Power, it will rcacB -
^^K to the Duke, and all others in future Times; and^ -^h
^^H to i Gcntlcmm of Honour, nothing u fodeapari ^|
^^r Senfe of Honour. I am Witnds, and do knon^l ■
^^^ that he did many great and good Offices to thbr ^|
Houfe. If the Foifeiiure of my Life couW bre«l'> ^|
an Opinion, that ye Ihoiiid have no Occaflon tOtt ^|
fomnlain at vour next Meetinz. I would twwn tr ^^
complain at your next Meeting, I wouU pawn it
to you. Nor let any Man fay. It is Fear makes as
deufi, we have {hewed already what we dare dp-' •
And becaufe the Employment of Dulhier -^\-
given much Offence, Sir Thmas Jcrmin flood lip ■
in his Defence, and (aid, • He haa given great E-
videnccofhisTrufiand FideliLy. When theCwiirf ■
Palatini retired himfelf, and the Council agreed to
fend a Party under Count Adamfieldia make a bead i
aT)d the King fent Word to the Paktini to be pw-
fentinPetfoii, Dalbler went along with him, with
one more; and being in a Village mGermoiy^ a
Troop of fifty Horfe met them ; and Dalbier went
to the Captain and frfid, Wc are in a Strait, I will
give you fo many Crowns to conduft us, whi^^ii -
was done, and DalbiiK went along with him.'
In GGnclufion, Jute i3ih, it was agreed upon ■
the QiieflipQ, That the excefiiye Power of the
Duke of Buciltiihom, is the Caufe of the Evils and
Danp;ers to, the King and Kinedoni ; and iliat this
bpad(le4 IC- the:Remun:1iance. — But thisCircum-
ft.'.ncc
flance is not mentioned iq the 7')h^'"i^ of this Day ; A^.t-Ot^ttil
though there isfomewhat, the next Day, to that '*■*'
Purpofe.
The Commons about this Time voted, Thst-
Dr.. Niiit, Bifhop ^^JVmchejUr ((J, and Dr. Laud^
Bi(bop of Bath and IVtlh^ be named to be ihofe
neu: about the King who ve tufpcded to be Aimi-
mans ; and that they are juftlv reputed to be un- ^
found in llieit Opinions that Way. .-..ri
The Houfe being turned again into a Commit--^
la? concerning the Remonftrance, iAt.ScIJitt pro-
ppjed, *. 1 hat to ihe exceflive Power of the Duke
lliould be added. The Abufe of that Ptnoer : And
lince that Abufe is the Caute of thefe Evib. that it
be prefentcd to his Majefiy to confidcr whether it
berfafe for the King and Common- Wealth, that a
Man of his Power Ihould be lb near hia Majefty.
This was ordered accordingly ; and all the Parfs-*
of (be Rcmonftrance being agreed unto, it was peH
feiled to be prefcnied to the King, as followSi-i;
M^JI Dread Sovereign,
*i£\, tiful Common's, now atlcmbied in Failia-'^^'"''"?™™'-
* tnent, do acknowledge the great ComFort which£|"gt),'t'"t:,aVe
* -we have in your Majetly's piousand gracions Drf- oC-uciievaicM.
' pofition 3 fowethinkit iimeetandmoft neceflkry
' I5iiiy,beitig called by yourMajeftyTOConfult and^
' idt-ire of the great and argent Afeirs of ihfsChorch
' atid'Comhion -wealth, finding them at tliisTime*
' (HapparentDangerof Ruin and Dcftruflion,faith-"'
' faWf -and dutifully to inlorm your Majefty liwrif.'''
"""V'fhd with b!eedine: Hearts and bended KneCs,^
.. crave fuch fpeedy Rcdrefs therein, as to ywi^'
' 6wn"Wifdom [unto which We moll humbly Tub"'"'
' mit'ourfelves and our De/ires) Diall feem moft '
' meet and convenient. What the Multitude and
' Potency of your Majcfly's Enemicsare Abrtad?
■ Wha'tbclheii'malidousandambitiDiisEnds! And''
iltr^^ChdeiL' how viErilanT and cotiftantly induftrious the^zre''
i6tS/ « in^Hirfuing the fame, is w«ll known to your Ma-'
* jefty? Together with the imminent Dangers'
* threatened iheieb)" to your facred ?effon anii ydur
* Kingdoms, and the CKlamities wliichhavealm-
* dy fallen, pnddo daily incrcafc, upon your Frieoda'
" and Allie4; of which, we are well alTured, your
' Majeityis moft fenfible, and will accordingly, in'
* your great Wiidom, and with the graveft an J
» moft mature Council, according to the Exigency
' of the Times and Occalions, provide, by ali good'
* Means, to prevent and help the lame.
' To which End we moil humbly intreat your
* Majefty, firft and efpecially, lo caft your Eyes
' upon ihe mircrablc Condition of this your own
* Kingdom J of late fortrangely impoverithcd and
' dtlbonoured, that untefs, through yocr Majefty'*
' moft gracious Wifdom, Goodnels, and Jufticc, it
' be rpeedily railed to a belter Condition, it is in no
' little Danger to become aiudden Prey to theEne-
* mies thereof ; and from being ihe moft happy and
* fiourifliing, lo be the moft mifcrablcand cou-
* lemptible Nation in the World. In the Difco-
* Ycrics of which Dangers, Milchiefs, and IncoH'
* venicncies lying upon us, we do freely proteft that
* it is far from our Thougli[s lo ky the ieaft Al-
* perlion upon your facred Perlbn.or the Ieaft Scan.;
* da! upon your Government i for we do, in all
* Sincerity of our Hearts, not only for ourfelves,
* but in the Name of all the Commons of the
' Realm (whom we rcpreIi;nt)afciibea?muchHo-
* nour, as a moft loyal and aifeftionate People can
* do, unto the beft King: For fo you are, and fd
* have been ple'afed abundantly to exprefs youtfelf,
* this prefent Parliament, by your Majefty's dear
* and faiisfaflory Anfwer lo our Petition of Right j
* for which both ouifclves, and our Pofteriiy, fhall
* blefs God for you j and ever preferve a thankful
* Memory of your great Goodnefs and Juftice
* therein.— And wt do alio vEtiiy believe, that all,
* or moft of ihefe Things, whii;h we fhall now pre-
* lent unioyoar Muj^fly, artcjihcrunlinowniinii
-I--- ' you.
Sy^u, or elfcby fomcvOf your Majefty's Mimft^rs Anr4i4!iMei.li
' dSbred under iuch fpocious Pretence&aa may bide «C*8i
^ tbeir own bad Intemions, and ill Confequencesof
* tbeno, from your : Majefty. But we g^tture ow-'
* idvesi ^ccbrding to the good ExaiDple of yllur
^^M^Qfty'3 Prciteccfforei' iiotbing can m^eyour
^ jMEajefty. i(belng a^inrifoaod judicious PFtnice, tnd
*''ia|?Qi^lv>rhingsdijfitous of tbe Welfare :pf your
^.jiP^6^te^)i:more in. lore vrith P^lwutntfi tl^antliisj
S wbjfrii li9>;0ne> of the pciocipal Endd. off ealUng
^.tbfirn^ That therein yoi^r .Majefty. laafbef trijly
* inrormed of tbe State of all the &veraI;Pactrof
^ :your Kingdom,, and bow your Qfficera do behave
^ tj2$m&lves in Difcharge: q{ tlie Tn^^ fepofdid in
f. them by your^Mjjcfty, whieh isfc^rce poffiMe^o
*: be ^maiic known ^to you, but in ParliamenM as
V jw^ideclarcd by your blefled Father, when he was
^: pJcafed to put tbe Commons in Parliament aflem-*
r bled in Mind, That it would be 4he^ greatifi JJn^
? fdUhfukefs^ and Breach of Duty to his Majijly^ and
* j>f the Iruft committed to them by the Country that
* could be^ if in fetting forth the Grievances of the
^- People ^ and the Condition of all the Parts of this
* Kingdom from whence they come^ they did not deal
* xiearly with him^ without fparing any. hm near ^i-
^ dear Jiever they were unto bim^ if they were hurt*
^ fui or dangerous to the Common-wealth, . ;, »
..* In Confidence therefore of your Majefty's gja-»
* cjous Acceptation in a Matter of fohighlmpgr**
* . Itance, and in faithful Difchi^rge of our Duties f
* We do, firft of all, moft humbly bcfeeqh :y<)ur
* Majefty to take Notice that howfoever we ikqpw
5. your Majefty dotjb, with your Soul abhpf, tfaat
Vafiyfuch Thing (hould be imagined oratte(iy>t^
^:.ed.; yet there is a general Fear Jo yo\y;. People
* :af ibme fccret Working and Cembin^tiou.tQjin-^
^ .ttoduce into your Kingdom fome lQ;)Ov.3Uon.^d
K Change of our holy Religion, more precipu^ \k%to
^;u$ than our Lives and whatever this VVprJ^^air
,* afford. And our Fears and Jealoufie&^herein .^r^i
' not meedy conjeAural^ but arijing out c/fuch
' rerr^in and vtfible £Se(^ as may demonftrs^te a
* true
fhs '^aktaii^tjfy ^\s41k
iifc*i'i|M*BI,«trtie and real Caufe; for notwithftanding the
IMS. « j^jny good and whokfome Laws, and the Pro»
' vifions maJe to prevent the Incrcafe of Popery
I* wiifiin this Kingdom ; and tioIwithllandii^.TOur
* Majefty's moft gracious and (aitsfadlory AnTwer
• to the Petition of both Houfes in that Behjil^
* prefented to your Majefty at Oxford ; (d) w«
' find there hath followed no good Execution nor
* Effeft: Bat on the contrary (at which youi
* Majelly out of the quick Senfeof your own reli-
• gious Heart cannot but be in the highelt Meafure
' * * difpjeafed) thofeofthat Religion do find extraor-
' dinary FavoursandRefpedlaiCourtifromPerfons
^^K, ^ of great Quality and Power there, whom.lhey
^^ft ' continually refori unto, and in particular to ihc
^^H * Countefs of Buckinghajn; v7ho, herfelf, openly
^^B * profcfling that Religion, is a IcnownFavourerani
W ' Supporter of them that do the fame; which we
r * well hoped, upon your Majefty's Anfwcr lotho
L ' aforcfeid Petition at Oxford, (hould not have
^^H< ' been permitted; nor that any of your Majefty's
^^^L ' Eubjcdbof that Religion, or juHly to be fufpei^d,
^^^B * (hould be entertained in the Service of your Ma-
^^F ' jefty, or your Royal Confort the Queen. Some
I * likewife of that Religion have had Honours, Of-
' * fices, and Places of CommantJ and Authority
I * lately conferred upon them. But that which
' ftriketh the createft Terror into the Hearts of
I ' your Loyal Subjefls concerning this, is,,that I^fc-
* lers of Stay of legal Proceedings againlt them havQ
* been procured from your Majelty, by what io-
' direft Means we know not: And CommtlTiong
* under the Great Seal, gtaried and executed for
* Compofiiion to be made with Popifli RecufanU,
* with Inhibitions and Reftraint hoth to the Eccle-
' fraftical and Temporal Courts and Officers, loin-
' Termeddle with them ; which is conceived to a-
' mount 10 no lefs than a Toleration, odious I9
* God, full of Difhonour and exUemt Difprofit ti>
* your Majefty, of extreme Scandal and Grief lo
* your good People, and of appareni Danger to the
prcfcot
{i) Sec Vol. 6, p. 111.
^ .or EN GX AI« D, i2j
* prefem State of your Majcfty, aod.of this King-AB-4 Cbfi"
* (Join • '^'r Numtwn, Power, and latblency dai- '^•
* ly bicrcafing in all Parts of your Kingdom^ and
'* eriKcially about Liudiin and tbe Suburbs tboeof ;
' where exceeding many Families do make ikts
* Abode, publlckly frequent Ma& at Denmark-
* -'H^ufi, and other Places ; and by their often Mee^■
* ings and Conferences, have Opportunitiesofcotn-
* 6ining their Coonfels and Strength ti^cther, to
■■ffie Hazard of your Majefty's Safety and tbe SCKe^
* and moft efpecially in ibefe doDbtfiil and calami-
' Tous Times.
' * And as our Fear, concerning Change or Sub-
* Tefflon of ReHg^onn b grounded upon the daily
*" IricreaCe of Papifts, ihe open and profefled Enc-
* inies thereof, for the Reafom formerly njention-
* ed1 sia are the Hearts of your good Subjcfls ho
* lefs perplexed, when wiih Sorrow they behold a
* darly growth and fpreading of the Fadlion of the
* jfrmnhns,' that being., as your Majefly well
' kfiows, but a cunning Way lo bring in Popery j
* and the Profeflbrs of thofe Opinions, the com-
' nr^rtDidurbersof the Proteftant Churches, and
* IncendUriesinthofeStatcs whereinihey havegot- .
* teh-any Head, being Proteftants in Shew, but Je-
* fuitsin Opinion and Praffice; which caufedyaur
' Royal Father, with fo much pious Wifdoni, and
*' ardiint Zeal, to endeavour the fupprcdingof them*
* as. will at Home as in the neighbour Couniiies.
•'Apdyour gracious Majefty. irnitating Sis m6ft
"■worwy 'Example, haih opemy, and by your P'ro-
* '^tfl^Mation declared your Miflike of thole Perfons,
* ahd of tliefr Opinions ; who notwithftandjng are
•'-^th favoured and advanced, act wanring
*'^Priends even of the Clergy, near to your Mye^
•flyr namely, I>, Ns:.'( Bitliop of ff^m/mtrf
* InrfDr. Z(;WBi(hopof B,7f/;and7;Wij,whQ>rc
* iuftljrfurpefted to be unfouiid in' their' Opinions,
■"ihat Way. And, ii bt;ing now gpneraJly held
"tfife "Vi^ay td Preferment and .Prorootlon in the-
■"■CKlirch.'inanr Scholars do bend dieCoutfe of^
324 The Tarliamentary HisronY
iik^OuitUH.^ their SiudieslomBintainihofeErrorsj ihcirBoola
*** * and Opinions are Tuffercd to be printed and pul>-
* liflied; and on ihe other Side, the Imprinting d
I * fuch as arc written a^ainft them, and in Deioice
^^H ' of the orthodox Religion, are hinder'd and prohU
^^P * bited; and (which is a Boldnefsalmoft incredibly
^^ ^ this Rellraint of orthodox Books, is made uodet
* Colour of your Majefty'a formerly mentioned
' Proclamation, ihe Intent and Meaning whereof,
' we know, was quite contrary.
* And further, to increafe our Fears concerning
* Innovation of Religion, we find, that there hath
' been no fmall Labouring to remove that which is
I ' the moft powerful Means to ftrengthen and m-
^^^^ * creafe our own Religion, and looppofe the con-
^^B * trary, which is thedilgentTeachmgandlnflruc-
^^^ * lion of the People in the true Knowledge and
^^ V * Worfliip of Almighty God. And therefore
* Means hath been fought out lo deprefs and dif-
* countenance pious, painful, and orthodox Prtach-
' crs ; and how conformable foever, and peaceable
' in [heJr Dirpofiiion and Carriage tliey be, yet the
' Piefermcntof fuch is oppofed 5 and, inftead of
' being encouraged, ihey are molefted with vexa-
' liousCourfes and i-'urfuits, and hardly permitted
* to leflure, even in ihofe Places where are no
' conftant Preaching Minifters; whereby many of
* your good People (whofe Souls, in this Cafe, we
* befeech your Majelty lo commifetaiej are kept in
' Ignorance, and aie apt lo be eafily ieduccd to Er-
' ror and Superftiiion.
' Itdoih not a little alfo increafe our Dangers and
' Fears this Way, to underhand the miferablc Con-
' dition of your Kingdom of Ireland; where, Wlth-
' out Controul, the Popifli Religion is openlypro-
* feiiid, and pradifcd in every Part thereof: Popifh
* Jurifdidtions being there generally exercifed and
* avowed J Monafteries, Nunneries, and other fu-
« perftirious Houfes newly ereflcd, re-edified, and
* repleniflied with Men and Women of fevcral Or-
* dets, and in a plentiful Manner maintained at
Of E NGl; A N D. '• aaj
Ihlt/Sn^ and moft of the great Towns, and divers An, 4. ciiarllsT.
other Places of the Kingdom; which, of what >6aS«
ili Confequence it may prove/ if not feafonably
reprefled, we leave to your Majefty*s Wifdom
to judge : But moft humbly befeech you ^as we
aflure ourfelves you will) to lay the ferious Con*
fideration thereof to your Royal and Pious Heart,
and that fome fpeedy G>urie njay be taken for
Rediels therein.
* And if n©w, to all thefe, your Majefty will be
pleafed to add the Confideration of the Circum-
ftances of Time, wherein thefe Courfes, tend-
ing to the Deftrudlion of true Religion, iyith-
in thefe your Kingdoms, have been taken here ;
even then when the fame is, with open Force and
Violence, profecuted in other Countries, and all
the Reformed Churches in Chriftendein^ either de-
preflcd, or miferably diftreffed : We do humbly
appeal unto your Majefty's Princely Judgment,
whether there be not juft Ground of Fear that
there is fome fecret and ftrong Co-operating here
with the Enemies of our Religion abroad, for the
utter Extirpation thereof: And whether, ifihofe
Courfes be not fpeedily redrefled, and the Profef-
fion of true Religion more encouraged, we can
expeft any other but Mifery and Ruin fpeedily
to fall upon us ; -efpecially if, befides the vifible
and apparent Dangers wherewith wearecompai-
fed about, you would be- pleafed to remember
the Difpleafure of Almighty God, always bent
againft the Negleft of his holy Religion, the
Strokes of whofe Divine Juftice we have already
felt, and do ftfll feel, with Smart and Sorrow,
in great Meafure.
* And befides this Fear of Innovation in Reli-
gion, we do, in like faithful Difcharge of our
Duties* moft humbly declare to your Majefty^
that the Hearts of your People arc full of Fear
of Innovation and Change of Government, and
accordingly poffcfled wiih extreme Grief and
Sorrow ; yet, in this Point, by your Majefty's
lat«- Anfwer to q^^x Petition if Ri^ht, touChin<j,
Vol- VIII. P " ou-
fta6 ThiTtfiiilsmmrdr^i%ro.Xr
Aa.4> Chiileil.V oar L'^rties, much comforted, and niHcd again
■6*8. « out of [hat Sidnefs and Difcontent, whith they
* generally had conceived throughout the whole
* Kingdom,for undue Cuurles which were thclalt
* Year taken for raifing of Monies by Loans ', than
' which (whaieveryour Majerty hath been inform-
* cd lo ihecontrary) there were never any Monies
' , demanded nor paid vrith greater Grief) and gene-
* ral Difiikeof all your f^irhlul Subjcfts; Aough
* many, partly out of Fear, and partly out of o-
' ihet Refpedts, yet moft unwillingly) were drawn
* to yielJ to what was required. .
' The Billeting of Soldiers did much augment
* bolh ihett Fears and Grief; wherein likewife'
*-, they find uiucli Comfort upon your gracious
* Aifiver to our Pititien ef Right, and to what we
* prefcnced to your Majelty concerning this Parti-
* cuUr. Yet we moll humbly beleech your Ma- ■
* jcfty, that we may inform you, that the yet Con-
* cinaance, and late Re-inforcing of thole Soldiers j
' the Conditions of their Perfons, manyotibcm'
* not being Natives of this Kingdom, nor of the
* fame but cf an oppofiie Rdiyon ; the placing'
' them upon ihcSea-Coait, where making Head
* among themfclvej, they may unite with the Po-
* pilh Party at Home, if Occafion Icrvc, and join
* with an invading Enemy to do extreme Mif-
* chief} and that ihey are not yet difmified; do
*-both ftill miniHer Caufe of Jcaioufy in your iov-
* ing Subjects 1 for ihat the Soldiers cannot be con-
* tinucd without exceeding great Danger of the
* Peace and Safety of your Kingdom.
* TheReportof theftrangennddan^roufiPurpofc
* of bringing in German Horfe and RiderSi would
* have turned our Doubts into Defpair, and our
* Fears into a Ccrtainy ol Confulion, had not.your
* Majefty's gracious MeHage (for wh'ch we hum- ■
' bly give you Thanks) crniforied us, by ihe Aflu-
' ranee of your Royal Word, that they neither arc,
* nor were intended by ycur Majelly, for any Ser-
' Yice in EiiS'tiTid; butthit they were defigned
' fcr fomc other foreign tmpli.yincnt : Yet the
' Sight -
* /.Sight3of the Pciir/^SeAtfe^, by which^ i(ifei^metii| 411,4. cKarWs u
•:iite)r^dr« tobeierhfl;Ldie-:gi;cal Sulfa ofMo- , >6i»«
'^jlndjr*' wi])ich^^ty]on''£:ta3ninatk^ we fotmdifo
^'^kjj^d fen Am Putpofij' pL^ )uft Ga^tieiof
^ Fear truAdd^^odt bSoitft the fume Titne, tUerd
^ was^X; Goniiififfion lupiMr the Great Seal granted
* ucKuMb^IiiaDcband others, of the Privy: Council,
^ la^«fad5d«T of other Ways fot raifing Monies, fo
* pattjoulariy bylmpdfitions j which gave us juft
* €^&Jtf> fufpeA, diat whatfoever was your Ma-
'Vjeftyfgrgcacioui Intientioxl^, yet there waufed not
* thofe* that, under fome colourable Pretence>
* mfght fecretly by thiSy a$ by other Ways^ -con-
* trivelnio chae^ the Framfe both of Religion and
^ .Govefnment, and thereby undernpiine the Safety
^ of yoiir Majefty and your Kingdoms.
^liTbefe Men could not be ignorant, that the
* bi^Jhgrng in of Strangers fiDr Aid hath been pcrni-
\ cioiilsrtp moft States, where they have been ad-
'. mitted, buti to England fatal. We do blefs God
*..thit bath: given your Majefty a wife undcrftand-
* iag Heart to difccm pf ihofe Courfes, and that
*,fUGh.:Power produccth nothing but Weakntfy
** and Calamity. And we befeech your Majefty
* to pardon the Vehcmency of our Expreffion, if,
* in the. lo^^l and Cealous Affcdlions we bear to
* yourM^^ and your Service, we are bold to
* declare t© your Majefty and the whole World,
* That we hold it far beneath the Heart of any free
* Engiffhmah to ihittfc, 'that this viflorious Nation
•-fhould now ftand in need of German Soldiers to
* defend their own Kirig:and the Kingdom.
> Baf.wben wB'confider the Courle formerly
* Imentioned, arid: thefe Things tendmg to anap-
* parent Change! of Government; the often
' Breatcheiof , Parliament, whereby your Majefty
* hath :beeQ deprived -of 'the faithful Coufifei, and
'\ . \. ;. /■. ' P^a *■ free
That ^;Odol." ^$ j^aii to Bi/7i/ Bwletiacbi cf L9n(hrt, Metitbanf ,
viafm£pr.4\^ levyii^and cx^nfp^Mtlay of >ooo Horfe, 15,000!. For
500.0 A^uJl^ts, cooo CyVficts, and 5000 Pikes, 10,300!. An^
for rooo Cifrafelrt complect, 2O0 Coigns tod QirbiiMtt jf^o^
to bit-Wouglit over laXo this Kmjj^iioi&r
a 2 8 77:?^ Tarliamentary History
An. 4- Charles 1. * free Aids of y ourPcoplc ; the taking of TonnagQ
i62g. < and Poundage, without Grant thereof by Aft o£
* Parliament, ever fincc the Beginning of your M*-,
* jefty*6 Reign to this prefent ; the ftanding Cp^-.
* miffion, granted to the Duke of Buckingham^ to
* be General of an Army in.the Land, in the time^
.* of Peace j the difcharging of faithful arid fuffici-
* ent Officers and Minifters, fome from judicial
* Places, and otlieis from the Offices and Authori-
* ties which they formerly held in the Coinncion
* Wealth : We cannot but, at the Sight of fuch an
' apparent Defolation as muft neceflarily follow
* thefe Courfes, out of the Depth of Sorrow, lift up.
* our Cries to Heaven for Help; and next, under
* God, apply ourfelvcs unto your facred Majefty ;
' who, if you could hear fo many ThoufandsfpeakT
* ing together, do jointly implore fpeedy Help.apd
' Reformation.
* And if your Majefty would be pleafed to take
* a further View of the prefent State of your Realm,
' we do humbly pray you toconfider, whether the.
* miferable Diiafters, and ill Succefs that hath ac-.
* companied all your late Defigns and Aflions,
* particularly thole of CadiZy and the Ifle of Rhee^
* and the laft Expedition to Rochely have not ex-
*. tremely wafted .that Stock of Honour that was
* left unto this Kingdom, fometimes terrible to all .
* all other Nations, and now declining into Con-
' tempt beneath the meaneft.
' Together with our Honour, we there loft
* thofe {and that not a few) who, had they lived,,
* we might have had fome better Hope of re^cov.er-
* ing it again ; our valiant and expert Colonels,
^ * Captains and Commanders; and many thoufand .
* common Soldiers and Mariners: Though we
' have fome caufe to think, that your Majefty is
* not as yet rightly informed thereof; and that of
* fix or feven thoufana'of your Subjeds loft at the
' Ifle of Rhee^ your Majefty received Information
* but of a few hundreds. And this Diflionour and
* LoCa haih been purchafcd with ti}c Confumptioa
' oi ahoVc a Million of Trcafure.
* Many
Of ENGLAND. up
* Many of the Forts are exceeding weak and An. 4- Charles i.
decayed, and want both Men and Munition. *^*^'
And here we cannot but with Grief confider and
complain of a ftrange Improvidence (we think
your Majefty will rather caJl it Treachery) that
four Store of Powder, which, by Order of your
rivy Cbuncil, dated the tenth of Dicembsr, 1 62(f ,
fhould be conftantly three hundred Lafts, befides
a continual Supply of twenty Lafts a Month for
ordinary Expences, and were now fit (as we con-
ceive) to be double the Proportion, is at this Time
in the Tower (theprefent Warrants being ferved)
but nine Lafts and forty-eight Pounds in all ;
which we tremble to think of. And that, not-
withftanding this extreme Scarcity of Powder,
great Quantities have been permitted to be fold
out of your Majefty *s Store, to particular Per fons,
for private Gain ; whereof \ye have feen a Cer-
tificate of fix Lafts fold fince the fourteenth of
January laft, and your Majefty's Store yet un-
furnilhed of Powder ; which, by a Contradt made
with Mr. Evelyn^ by Advice of your Lords in
Parliament, ought to be fupplied monthly with
twenty Lafts, at the Rate of 3 1. los. lod. a Bar-
rel ; yet your Majefty hath been forced to pay a-
bove 7!. a Barrel for Powder, to be brought in
from beyond Seas ; for which Purpofe, 12,400 1.
was imprefled to Mr. Burlemachi the laft Year ;
and that Powder not fo good as what, by Con-
traft, your Majefty ftiould have, by one third
Part : All which are moft fearful and dangerous
Abu fes. '
* But what the Poverty, Weaknefs, and Mifery
of our Kingdom is now grown unto by .Decay of
Trade, and Deftrudion and Lofs of Ships and
Mariners, within ihefe three Years, we are al-
moft afraid to declare : And could we, by anyo-
ther Means, have been fure, that your Majefty
Ihould any other Way have had a true Informa-
tion thereof, we fhould have been doubtful to
have made our Weaknefs, and Extremity of Mif-
foriune, in this Kind, to appear : But the impor-
P 3 tunate
230 TheTarliakeafofy History
iU.^Chiricii.* lunate and moft pitirul Complaints ftom laUFartt
* of the Kingdom adjoining to the Sea^ iil this Kind,
* would rend, as wc thlnki [lie ftonyeft Heait in the
' World with Sorrow; andiheScnfewebaveof the
■' miierable Condition yoor Kingdom is ih byieaXon
' thereof, efpecially, for ihat we I'ce no poflible
* Means (being now ihorilj' to end thij Scflion)
' how to help the fame, adds fuch a Weight of
* Gtief uoio OLir fad Thoughts, as we have not
* Words to exprefs it: But for your Majelly's
* more exadt Inforniaiion therein, we bcfccch you
•* be pleafed to perufe the Kalendar of Particulars,
I* which, with the Remonftrance, we moft hum-
bly prefent unto your Majefty-
* One Realbn, amongft many, of this Decay
of Trade, and Lofs of Ships and Mariners, is.
The not guarding of the narrow Seas ; the Rega-
lity whereof your Mjjefty halh now in a Man-
■ ** ner wholly lort, being that wherein a principal
'- » Part ot the Honour and Safety of this Kingdom
•'• heretofore coniifted ; and now having. ablblulely
,ri» nrgledled it, the Town of /);/«*(>:* doth ibcon-
'■J * tinually rob and fpoil yourSubjeifVs, thatwecan
1^ * afiiire your Majelty, if fome prefent and eHeflual
'• '■•'* Remedy be not forthwith provided, the whoie
■■' Trade of this Kingdom, theShipping, Mariners,
." * andallbelongingtbereunto.wili beuttetlyioftand
* confumed. The principal Caufe of which Evils
' and Dangers we conceive to be the excefllve Power
* of the Duke of Buckingham, and theAbufe of
* that Power: And we humbly llibmit unto your
* Majeily's excellent Wifdom, whetljer it be fafe
i*fcir yourfelf, or your Kingdoms, that, fo great
* Power as rethin him by Sea and Land, (houidbe
* in ihe Hands of any one Subjeft whatfocver.
•■' ' * And as it is not I'afe, fo fure we are, ir cannot
• ■' be fM your Service; it being iiiipol]iblc for one
■ ' Man to manage fo many and weighty Affairs of
* the Kinadom as he hath undertaken, btfidcs the
' * ordiii.iry Duties ot thofe Offices which he holds ;
» fome of which, well perloimcd, would require
' ■♦ ttieTiwandIpd,vllry of the ablcft Men hoili in
••■■Jit-. ' Cowie
>»
.; <}f . B N <x,vL.\A N JX ■■ H '
«: ^ ^ 'Counibl and ASaoih that, YQur whole KJAgfiom An. 4* chariei f.
t« *iU-affi}r<i> efpecially:ia OwfeXunes Of 4:pmmon '^**'
'•' t^ MB oufjhttitoUe Dcfire IS further, Th^tyour
: ^^ tnoft fixQslIenc MajcAy will be pl^fed.to. take
: -^^ into, your moft Princely Confidcrationi Wbethcrt
* :in'Terp65l die faid DuJi^ bath fo abufed hb Po w^r,
' • ^ te b6'6fe for your Majefty and your jKingdom, to
^ continue him either in hiagreat OfSceSi or in his
' ' / PlWe of Neamcfi and Counfel about your Sacred
>'.♦ Pcrfon.
' > And thus» in all Humility,> aimii^ at nothing
. * but the Honour of Almighty God, and the Main-
* tenance of his true Rieligion, the Safety and Hap-
V- * pioefs of your mod Excellent Majefty, and the
^ * Preferv^tion and Prbfptrity of this Church and
,/ Common- Wealth, we have endeavoured, with
'^ Taithful Hearts and Intentions, and in difchargc
. .>.jof the Duty we owe to your Majefty and our
-^ Country, to give your Majefty a true Reprefen-
. -•.. tation of our prefent Danger and preffing Cala-^
* mitiea ; which we humbly befeech your Majefty*
.* . eracioufly, to accept, and to take the fame to
-/<*- Heart; accounting the Safety and Profperiiy of
^ Tour People, your greateft Happinefs, and their
*:Ldvc, youy rjcheft Treafurf. A rueful and la-
^ ' meltable Spectacle, we confeft^ it muft needs be,
^. to behold thofeRuins in fo fair an Houfe y fo ma«
V « nyDifcafes, and almoft every one of them deadly,
^. f infa ftrorig and well-tempered a Body as this
.. ^ Kingdom lately was : But yet we will not doubt,
. . *'but that God hath referved this Honour for your
' . '^. Majefty, to reftore the Safety and Happinefs
'' *5.. thereof, ;aaa Work worthy fo excellent a Prince i
* forwfaofe long Life and true Felicity .we daily
* pray, and that your Fame and never-dying Glo-
* ry may be continued to all fuccecding Gencra-
' tions.*
Then a MelTage was fent to. his Majefty, defi-
•i ring Acccfs tohisPerfoii with this Remonftrance,
and the Speaker was appointed to deliver it ; who
> ' much
^^ 131 The Parliamentary History
AB.4.cii»rleil.much delired to be cxcufed, but the Houfe wouM
161S. not give way thereunto. Soon afier the King Tends
a Mcflage b/ Sir Uumpbey May, Tiul he means to
■ end this SelTion on the i6ch of June : Whereupon
^^^H the Commons refolved to proceed immediately
^^^1 "withthe liiU of Tunnagc and Poundage.
^^H Thefe Affairs being tranfaded in the Houfe of
^^H Commons, we now return back to the Lords :
^^^1 On the fame Day, with the Date above men-
^^H tioned, {June 16.J the Duke of Buckingham figni-
^^H fied to that Houfe, That he was informed a Mem-
^^^1, bcr of the Houfe of Commons had afiirmed his
B ' Grace did fpeak thefe Words at his own Table, viz.
Tujh, it makes no Matter what the Commons or Par-
liamtni doth ; far, vjitbeut my Leave and Authsrltyt
. p thiy Jhatl not be able to tmcb the Hair ef a Dog.
Bucitingham T'he Duke deSred Leave of the Lords, That he
fompbim of in might make his Protcftation in the Houfe of Com-
'^'^''him"""*"'"™™^ concerning that Speech; and to move that
he who fpoke it of him might be commanded to
juftify it, and his Grace heard to clear himfelf.
The Lords, confideringof this Complaint, or-
dered, ' That the Duke fliould be left to himfelf,
to do therein as he thought proper.' His Grace
gave them Thanks ;■ and protefted, upon his Ho-
nour, That he never had thefe Words fo much as
in his Thoughts: Which Proieftation the Lords
ordered to be entered in their Journal, that the
Duke might make ufe of them as need fhould be.
I In the Afternoon, the Committee of Lords,
^^H appointed to confider of the Commiflion of Excife,
^^B brought in 3 Draught of a MelTage to be fenC
^H^ to the King about vacating it; which was read
^™' as follows :
May it pleafe your Mojl Excellent Maje/lj, "^H
The Larii dtfire ' TT7"Hereas there was tranfmittcd unio l»^^
«rt^'co"1ffll' ' » ^'°"^ ^^^ Houfe of Commons, a certain
^ofjxdfel" "' P'ltEnt, under the Great Seal, hearing Date the
* lad of February, auihorizing thirty-three of your
' M-ijcfty's CounftllorSj to cOnlultand advilc your
' Majerty
Of ENGLAND. ^^^
^ Majefty of foroe Way^ to raife Money, by Im- An.4.Charie«r.
« pofition, or oiherwife. And altho* we have re- '^*''
* ceivcd Satisfadion, from fome of your Majefty*s
^ Council, that this was no more than a Com-
^ miffion, or Warrant, to advife only ; yet, to free
^ your Subjefls of all Jealoulies, and becaufe this
* way of requiring Advice, under the Great Seal»
* does feem unufual, we do humbly befeech your
* Majefty to cancel the faid Commiffion ; and, if
^ it be enrolled, to vacate the fame alfo, with th^
* Warrant ; and to give the. Lord Keeper Orden
* to effed this with all convenient Speed.*
The fame Committee delivered in another Mef*
fage, drawn by them, to the King, dgainft Dr.
Manwaring's Books ; deiiring his Majefty to put
out his Proclamation to call in the faid Booksi Aod to iifae •
that they might be all burnt in London and Weji^ ^Tnft^^' ManI
minfier^ and at both the Univerfities. Alfo to in- Saring'a BookT*
hibit the reprinting of it under very fevere Penal*
ties, fcfr. Both thefe Meflages were approved of
by the Lords, and ordered to be delivered to his
Majefty by the Lord Keeper, in the Name of the
whole Houfe. .
^une 17. ThcCommonshad now fentuptheirBilJ
of Subfjdies tothe Lords, who had read it t A^ice; butThcLordsExcep-
finding fome Exception, for naming ibe Commons, ^'<»«^o the Form
only, in the Grant, they agreed to have a Confe^J^^^^* ^"*^**3'
rence with them ^bout it- Accordingly a Meflagc
was fent to the Lower Houfe, to dcfire a Confe-
rence on certain Matters, tending to the Preferva-
tion of the good Correfpondency between both
Houfes. Anfivevid^ * They would attend pre-
fenily/
It was then agreed, ' That the Lord Keeper
fliould fignify to the Commons, at this Conference,
the great Care the Lords have had, all this Parlia-
nlent, to continue a right Underftanding between
both Houfes j - which was beft done when no-
thing is intrenched upon by cither Houfe. To (hew
them
I £34 T/jeTarliamehtyry KisTOKX
»Aft.*?liMieii.thcm, that, in the Front of. the Bill of Subji£tCt
- tfizt. which iheyUlely Cent up, only the CommoDs arc
named ; whereas in many Prreedenia, even in ihc
laft Parliamcnl, it is, IVeyoiir Majtjiy's mefl humble
end ityal Subjeiist in yeur High Court of Porlia~
tnentt Sec. neither naming the Lords nor yet the
f- ■ Commons. That the Lords conceive this might
I happen, rather by /bme Slip, than done of let Pur-
polc. To move them, that ihe Word Csmrnem
may be ftiuck out ; for as the Commons give their
Suifid'es for themfelves, and for the reprcfcniative
Bodyof the Kingdom, foi likewife, the Lords have
- the Difpolition of rheir own.'
This being delivered to the Commonj, at ihe
Conference, their Committee faid, ' They muft
make known this Propofition of the Lords to their
vhole Houfe ; and hoped fpeedily f o return to give
them an Anfwer.' But, on iheir coming back,
ihcy only faid, ' That there was nothing more de-
fired than the good Correfpondercy between ihe
Lords and them j which they efteemed an canhly
Paradife: That ihey had taken ilieir Lordfhip'j
Propofition, for altering the Bill, into Confidcra-
tion, and they find it a Matter of more Moment
than to be fuddenly rtfolved on : But the next
Morning they would confider feriher of it, and
icturn an Anfwer with al! covenien: Speed.'
June i8. A Me/Tage was brought by SirE/hvard
Cfie, and others, ' That the Commons had con-
lidered of their Lordfhips Propofa], about the Sub'
fidy hill', and as they had always endeavoured to
keep up a good Correfpondercy between the tivo.
Houfes; knowing well that it is the very Heart-
String of the Common-Wealth; fo they fhould
be ever as zealous of their Lordfliips Privileges as of
their own Rights,'
This ambiguous Anfwer was all the Cominons
ftnt ; but yet the Lords were conleni wiih it, and
exprefled great Joy and Comfort, as it is tertiicd in
rhc Mel]iige. There was alio another Conference
heW
Y30©/ -E N G,X AND. 235
. held the fame Day, concerning a pioper Title tobeAn.4.
given to their Pelitim of Right, and the enrolling 1
and printing of the fame.
This Day the Lord Keeper reported the IGng's
Anfwer to ibe two Mellages he was ordered to de-
liver to him, concerning the cancelling the Com-
iniiEon of Excife, and about Dr. Manwanng's
Book, * That their Lord[hips had Reafon to he fa-
tisfied with what was truly and rightly told them
by the Lords of the Council, That this Commif-
fion was no more than a Warrant of Advice, which
his Majefty knew would be agreeable to that Time,
and to the manifold Occafions then in hand : But
now, having a Supply from the Love of bis People,
he erteems that Commiflion ufeiels ; and therefore,
iho' he knows no Caufe why any Jealoufies iliould
have tifen thereby, yet, at their Defires, he is con-
tent that it be cancelled ; and hath commanded to
bring both the CommiHion and Warrant to bim,
lu be cancelled in his Prefence.'
As to Dr. Mamuaring, his Majefty faid, * That
he was well pleafed with their Rcqueft, and would
order the Attorney General to prepare a Proclama-
■ lion accordingly.'
Juni 19. The Lord Piefident of the Council
acquainted the Lords, ' That his Majefty had caufed
the CommiiTion fo much complained of by the
Commons, wiUi the Warrant for putting the Seal
to the fame, to be cancelled in his Prefence.' His
Lordfhipopenlv fhewed them fo cancelled to the
Houfe i on which a Mefl^ige was hni to the Com-
mons, along with thole Inftruni^iits ; but with
Orders to bring them back again, when Qiewtita
4hat Houfe.
Jung 20, TheTitle to tl .e Patitisitwas agreed on by
the Lords and Comni' iis,.Rnd approved by the King:
It run in ihefc Wniiis, T/)e Petiiioii exhiihed ta
his Majefty, by tht Lords Spiritual and Temporal,
- and CommoTiE in ibii prefins Parlinment affsmbled^
i.iamrmn^ diven Rights and Liberiiei ofibi igbjei^ j
with
I
2^6 The TaHiamentary History
'Ak4.charleii.u;//A/*^ King's Hioft Royal Anfwcr thereunto^ in
i6i». full Parliament. Agreed, alfo, ' That the King's
Anfwer, in Frenc% (hould .be printed in EngVJh^
for the better Satisfadlion of the Vulgar/
Then Dr. Manwaring was brought to the Bar,
in order to read and fubfcrlbe the following Sub-
miflion, which a Committee of Lords had drawn
up for that Purpofe.
May it pleafe this Honourable Houfe,
Dr.Manwaring's t Do herCy in all Sorrow of Hearty and true Repen-
Sttbmiffion. X tance^ acknowledge the many Errors and Indif
cretions which I have committed^ in preaching and
publijhing ibofe two Sermons of mine, which I called
Religion and Allegiance ; and my great Fault infaU
ling upon this Theme again^ and handling the fame
rajbly and unadvifedly^ in my own Parijh Church of
St. Giles in the Fields, the fourth oftAzy lafl pajt.
I do fully acknowledge thofe three Sermons of mine^
to have been full of many dangerous Pajfages^ Infer -
ences^ and Jcandalous Afperfioni in mofl Parts of the
fame-. And I do humbly acknowledge thejufiice of
this Honourable Houfe, in that Judgment and Sen-
tence pajfed upon me for my great Offence : And I do^
.from the Bottiim of my Hearty crave Pardon of God^
the King, and this Honourable Houfe ; the Church,
and this Commonwealth in general -, and thofe zvor-
thy Perfons adjudged to be reflected upon by me, in
particular J for thefe great Errors and Offences.
ROGER MANWARING.
After this, the Doftor was led into the Houfe of
Commons by the Warden of the Fleet Prifon,
where he made the fame Submiflion, on his Knees,
at their Bar.
.. ' . TJie Commons had now refumed their Debate
^^tomiiisTon th*on the Bin forTunnage and Poundage ; in which Mr
Bill for TaniaitSeJden^s Arguments, chiefly, turned on thefe Points :
and Poundage. « That whereas the King's Counfel objeded,
that I. Elizabeth faith. It was granted Time out of
Mind to the King ; he fear'd his M^jefty is told fo,
and fome Body doth afcertain him lb : But we may
clear
Of ENGL AND. ^^y
clear that 5 for not only i. Bli%. but alfo in the Sta- An. 4. cftari
tute of I. Jac, the Words Ttme out of Mind is, *^***
That ^vhereas King //i?«0' VII. and other his Ma-
jetty's Progenitors, have had fome Subfidy for the
guarding of the Seas ; and there was never a Kin^
but had fome Subftdy^ in that Senfe, it is, mdeed,
7ime out of Mind ; yet is it a Matter of fre^ Gift :
For public Bills, the King faith, Le Roy k veult ; for
Petitions of Rights Soit Droit fait commeile/i defire.
* For the Bill of Subfidies, it is thus. The King
heartily thanketh the Subje^s Jor tbeir good Wills ;
In all the Bills of Tunnage and Poundage is the ve-*
ry fame Anfwer, fave one, which was i. Elizi
and but for, that only Miftake of the Clerk, it hath
ever the feme Aflent as the Bill of Subfidy/
Upon this Debate it was ordered, * That a Com-
mittee be appointed to draw up a Remonftrance to"
his Majefty of the. People's Rights, and of the un-
due taking of Tunnage and Poundage, and Im-
pofitions, without Adl of Parliament; andtofliew
the Reafons, why the Houfe cannot, in fo fliort
a Time, prepare that Bill.'
The Remonftrance was as followeth.
Moft gracious Sovereign^
YO U R Majefty's moft loyal and dutiful Thdr Remon
Subjcih, the Commons in this prcfentftrancetothc
Parliament affembled, being in nothing more^*"8 **" ^^"'
careful, than of the Honour and Profperity of -^^^
your Majefty, and the Kingdom j which ihey
know do much depend upon that happy Union
" and Relation betwixt your Majefty and your Peo-
ple ; do with much Sorrow, apprehend, that fby
Rcafonof the Uncertainty of their Continuance
together, the unexpefted Interruptions which have
been caft upon them, and the Shorlnefs of Time
in which your Majefty hath determined to end
thisSeffion) they cannot bring to Maturity and
Perfection, divers Bufinefles of VVeij^ht, which
they have taken into rheirCchfideration aocfRcfoli:-
* ilor,.
I
238 The I'arliamehtary^i 4 t 6 r y
I.' tioDt as moil important for the common Good : '
' Amongft other Things, ihcy have taken into «-
' fpecial Care the Pieparing of a Bill, for the
' granting of your Majcfty fuch a Suhfidy of
' Tunnage and Poundage, as might uphold your '
' Profit and Revenue in as ample a Manner, as
* their juftCare and Refpedl of Trade {wherein'
* nor only the Profperiiy, but even ihe Life of
* the Kingdom do confilt) would pctmir : But be-
' ing a Work which will require much Time and '
* Preparation, by Conference with your Majefty's
* Officers, and with the Merch2nts, not only of
* L9ndm, but of other remote Pa.r[s ; they find ir ■
* notpoliible to be accompliflied at this Time:'
* Wherefore, confidering it will be much more ■
* prejudicial to the Right of theSubJedi, if your
* Majcfty ftiould continue to receive the fame,
* without Authority of Law, after the DetcrmI- '
* nacion of a SeiRon, than if there had been a R^- ■
' cefs by Adjournment only ; in which Cafe, that ■
* inrended Grant wouU have related to the fitft ■
* Day of the Parlianienc : And alluring ihemfelvcs, '
* that your Majcfty iii refolved to obferve your
* Royal Anfwer, which you have lately made to
* the Pitiiwi if Right of both Houfes of ParliS-
* ment ; yet doubting left your Majcfty may be
* mifinformed concerning this particular Cafe, as
* if you might continue to take thofe Subfidics of
' Tonnage and Poundage, and other Impofilions
* upbn Merchants, without breaking that Anfwer}
* they arc forced, by that Duty which they owe
* to your Maieliy, and to thofe whom they re-
' prefeni, to declare. That thirt eughi mt any Im- '
* pe/ilioa to be kid upsn the Geodi af Merchants, en- '
' pa-ted er imparled, iviihout lammon Conftnt 6f '
* Aff ef Parliamtnt ; ivhicb is the Right and /»- *
* biritance sf your Subjeiis, fasinitd nat ottfy tipan *
* the Hiejl cfitkat end Brigir.el Ccnjliintiotis af this
' Kingdom, but often ^nfrmed and deekrtd in di~ '
* vers Statute Laws.
' And for the better Manifeftation thereof may '
* it pleafe your Majcfty to underftainl, That ai-
* ihoi.i^
c,
tfiou^ your Roytal Predecefibrs, tiie;Kings ofAji.4.'«i>trinl«
tshb Realm, -hai^e ; t}f ten had sfucb' &ibfidies and i^«i^ '
impofitignflrgrtnted tuita|hcfti» upon.divec$ Oc-
cafibtis, efpechUy fofthe Gutrding.of :^ fieas»
an4 Safeguaid oi.A&rcfaaats: 1^et:»d^ SobjeAs
faave beeh ever ciseful to ufe fucb Cautions a&d
Limltaticns id diofe 'Gratiti,r as migbt: prevent
any Qaioi to^be made, as if fticb Subfidics did
proceed from Duty, and not from , ibe free Gift
of tfaeStibjeCifti And thatthty bav^betetofore
ufedtb limit a Time m fuch Grants, Tajod for the
moft Part but fhort, as for a Year ok two; and
if itwere continued longer, they have, feme times
dhefldd a certam.Space of CeiatiDii^ or Inter-
milEon^ that fo the Right of the Suli^eJl might
be more evident^ At other Tiroes it bath been
granted upon Qccaiion of War, for a certain * '
Number of YeaH, wifli Prov^^ That if the
War was ended m the mean Time, then the
^Grant (hould ceafe : And of Courfe it hath been
fequeftred into the Hands of fomc SuiyeOs* to be
employed for the Guarding of the Sea^Coafts.
^ It is acknowledged by the ordinary Anfwers of
your Majefty's Predeccflbrs, in their Afient to the
Bills of Tonnage and Poundage, that it is c^
tbt Nature of other Subiidi^ proceeding
from iht! Good-will of the Subjeft : Very few
of your Predeceilbrs had it for Life^ until! the •
.Reign of Hmry VII. who was fo far from
.conceiving be had any Right thercMnco, that^ al^
fthough he granted Commiffions for collei^ing
certain Duties and Cuiloms due b^ Law, yet
hemade no'Commiflions for receiving the Sub-
sidy of Tooiiage and Poundage, untill the (zm^
was granted unto him in Parliament* Since his
Time, all the Kings and Queens of this Realm
have had the like Grants for Life^ by the free
Love and Good* will of the Subje<5t. And when-
(bever the People have been grieved, by laying
any Impofitions or other Charges upon their
^oods.and Merchandized, without Authority of
a4« ^TIje^MtdKaha^y^i^r^
si.' Law (which hsili been very feMom) j yet, uj^
* onCompliini in Parliamcni, thry have been
' forihwiih reliaved. v feving in JJie Time of your
* Roya! Failier, who having, through ill Counfel,-
* rai^d ihc Rates andCharget upo[) Merchafidises
' tathit Heigfu at which they now arej yet he-
* was pteafed fo far for to yield to ihc Complaint
' of.hii People, as lo ofler. That if the Value of
' (hofe Impofitions, which he had fet, miglit be
* made good unto him, he would bind himfelf _
* and his Heirs, by AA of Parliament,' never t»^
« lay any other: Which Offer the Commo^^:■a^'• ^m
' that Time, in regard of the great Burden, di4__ ^|
* notlbink fit to yield unto C/). NevWthelefs,'
' your loyal Commons in this ParliRinent, out of- - '
* iheir efpecial Zeal lo your Service, and cipecul
•"Regard of your prefling Occafions, have tsktn-
* tnto;thcir Confuierajion, fo to frame a Grant of'
' Suhfidy of Tonnage ana Poundage to your Ma-'
' j-^fty, that your Majefty might be ibe better
' enabled for the Defence of your Realm ; and-
' your Subjefls. by being fecure from all undue- "
' Charges, be ihe more encour.iged thearfully (o''"^
* proceed Jn their Courfe of Trade i by the In-- ^
' creafe vthereof, your Majefty's Profit, and like-' "'*
' wife the Strength of the Kiiigdoin, would be
' verv much augmented.
' But not being now able to accomplifh this-
* their Dciire, there is no Courfe left unto them,
' without manifeft Breach of their Duty, both la-.
* your M.i)eHy and their Country, fave only id'
' malcethjs humble Declaration, ^hal the rutiv-*^ \
' "ig ^f TsKiage end Ptundagi, and athir Impsfiti-* ■
', MI, not grouted hy Pariiament, is ^ BrMii -^ **«
* the Funiamtntal Liitriies of this Kiigdom^ arnl^'^
' contrary ta your Mujejiy'i Ko-fiX Anfwer (»-«»■•"*
' iatf Petition of Right: And iherefoie lhe7*>- 'V
' moft humbly befeech your Majelty, to foibear"**
* any further xeceiving-of tho fame; and not to '
■ ' take
(f) FwihePifi^culiriQf thItNegotiailon, as Itnuyinfom. _ ^
Snrt be c»ir3, bctwtrti KIBg Jamn ^nd the Coiiinions in Pirki-
mcnlj lee am ^dt Vul. p< 3iio, ii fi^.
<¥ E N G I, A N D. J41
* take it in ill Part from thote of your Majdly'sAii.4-
' lowing Subjefls, who fiiall refufe 10 make Pay-
* jTKiil of any fach Charges, without WairaDt cf
* Law demanded.
* And as by this Forbearance, your mofi Ex-
' cclicnt Majefty (hail manifeft unto the WorJd
* your Royal Jufticc, in the Obfcrvation of your
* Laws; fo they doubt not, but, hereafter, at the
* Time appointed for their Coming ic^elher agaia^ .
* ihey Qiail have Occafion to exprtls their gjeat
* Dejire to advance your Majefly's Honour arui
' Profit.'
The King being informed of thefe Procecdingit
thought proper to put a Stop to ihem. According-
ly, {"Junt 26.) the Day appoinced for the Proroga-
tion, the Speaker was fent for to Court in theWhtreupfn ihe
Morning; foihat. as ^ly&wjrf /; lays. hecanienotJ^'"J^^j!^*^^^
into the Houfc till about nine o'Cloclt. And, ^^-^na. Difgoa.
ter Prayers, whi]ft their new Rcmonftrar.ee, con-
cefBifip; Tunnage ana Poundage, being cngrofled,
W.1S reading, the King fent for ihe Spcatei and [lie
vhole Houfe to attend him in the Houfe of Peerj.
His Majelly had come, unexpectedly, into tial
Houie, (ioi the Afternoon had been apiwinted) ani
neilher the King nor ihe Lords were in their Robcsj ■
However, the Commons, wiih ilieii Speaker, being •
come up, his Majelly, from ihe Throne, iiia£"
the following Speech to both Houfcs.
My Iiords and Geailemen,
/tm^fieta (frange that lame (q fuddcnhi ts eni ^
tbii Sejian ; ihirtfare, btfwt I givi my A£tnt tjt *
thi Bills, i-MitluliyoutheCaufe; the' J miiji aww, .
^bat lifwt tbt AuauHt sf my Aiiians la God eiati. 1
It it iniwn teevery oHt, that ,£ lubile ago, tbe Heuji 1
^Csmnuns govt me a Rtmmji''ance^ hew acciptam j,
tViTf Alan nmyjudgt ; and fcr the Merit tf it, d>^
will net caU that in qtujUen, Jar I am Jun no wifif -4
Man canjujiify it.
Isviu Jtnei I am Wdil in/irmtd, that a ficond Rj-
mmfirtiHte isprtparin^fwmt, to lakeaviaytht Prt-
Vol. Vlll. il. Jit
An.4.cij»riciL// of viy Tuntiagi and Poundage^ om of the And
1618. Maintwanui Qf my Crowns by alledging^ Ttat ^
have ^ven away my Right thereto by my Anfwr
to your Petition : Tbis is Jo prefudUial uat$ me^ that
I am forced to end this. SeJJionfohie few Hsurs btfort I
meant ; hting net wilSng to rtceme any mare JUmtH
JiraneeSy to which I misgive a bar/h Anfiuir. :.M&rf
Jince Ifecy that the Hoiije of Commons begin alr^f^ ia
make falfe Conftru^ions of what J granted in your
Petition ; leji it be worfe interpreted in the Country^
I will new make a Declaration concerning the true A-
tent thereof.
The ProfelTion of both Ihufes^ in the Timeofbam-K
mtring this Petition, was no Iff^ay io trench uponiny.
Prerogative \ faying^ S They bad nether Initntiea w
Power to hurt it : Therefore it mufi needs be eoncehed^
that I have granted no new, but only confirmed^fbe
antient Liberties of my SubjeSis, Tet to Jbew.. the
Clear nefs of my IntentionSy that I neither repent y nor
mean to recede from any Thing I have promifedyeUf I
, do here declare myfeJf^ That tkofe Things which han»
been donCy whereby many have hadfome Caufe. to Juf^
peSi the Liberties of the Subje^s to be trenched upeu^
{which indeed was the firji and true Ground of tie
Petition^ JI)allnot hereafter be drawn into Exampk
to your Prejudice ; and^ in Time to come, on thi
Word of a King^ ye fball not have the like Caufe t9
complain. But as for Tunnage and Poundag^y it
is a Vnng I cannot want ; and was never intended
by you to fjk^ nor meant by me^ lam fur e^ to grant.
To conclude : I command you all that are here to take
Notice of what thavefpoken at this Time, to be t^a
true Intent and Meaning of what I granted you in
your Petition ; butefpeciadyyou^ myLordSy the judges^
for to you onfyy under mey belongs the Interpretation
of the Laws ; for none of the Houfes ofPariamenty ei^
t her joint cr feparatCy {wbat\iew Do^rine fcever may
be raifed) have any Power either to make, or decIoTAf
a Law without my. Confent.
After this Speech was eoded, which* hy his Ma-
\^f% ipecjal Cpm^pand, wa^ urdca^d 10 be entered
ia
Ifi thcf Journdb of th^ 0)mmbns, the BiHoiFSi^^ An. 4. Charles i.
Was prefented by the Spea)cer, ftanding at the Bar, '^**-
who made a ftort Speech," andjftiewed, * That it
* was the ^ateft" Gift that ever was giVeh ili fo
* fliort i Tfme.' And fo trra vin'g Pardon % th«
Err6re'*oF th^ Houre, and his own {g)y he defined
the King to' give his R6yal Aflent.
Thenwert read the Titles of other Bills, which
were all aflentcd to, as follows: . * -
Thi Petitjcn exhibited io his Majefly^ by the L^i^ds ^^ -.^^ ^1^.^
Spmtual and 7emporaIy and Commons in tih'prefent^t^xoTi.
Parliament ajfembled^ concerning divers Rights and
Privileges of the Subje^^ with the Kin/s AJJent there-
unto in fall Parliament. : ^ •
'Art" Aif for further Reformation of fundry Abufe^
tommitied on the Lord's Day^ called Sunday. .'
' Art 'A^ for reprejftng of all mlicefijed Ak-HouftS.
Art Aif to rejlrain the fending over of any to ie po^
^ly hreS beyond the Seas.
- An Aiffor five entire Subftdies granted by the Cler^
^'A Declaration of the Commons againft Dr. Man-
warmg.
; An Aafor the EJlabliJhing of Sutton'x Hofpital
And to fevcral private As^s.
*^ After which the Lord- Keeper, by the King*s
Command, prorogued this Parliament to the' 20th
of O^obar next.
f ■
The nioft remarkable Occurrences, which hap-
|)ehed'in the Interval between thefe two Seflionsof
ftis Parliament, were. That the King, firft, fct Several Procia,
. dboutanfwerlng the Defires of his Subjefts. in fup- "'''''°' '^"''*'
preffi'ng, by Proclamation, all Dr. Manwar'trff%
Sermons. By another Proclamation, Direilions
were 'given to Commiflioners to compound with
Popijh Recufants for two Parts in three of their E-
ftates; but thefe, Rufljworth infinuales, came off
upon very eafy Terms. Another Proc1am,^tion,
on the back of the laft, commanded. That all
Priefts, Jefuits, and others, who had taken Orders;
v^2 . by
Or) ^''- ^vjlyiv^rtb addSj IVbicb kt knew to bt veej wiaxy.,
30 7lff'P^r^amentary'hh&ri^%r
A0.4. ia»,kt).by AttAorhy o( the See of JJcm«, {hould be diligunt^
»«>». foi^ht lor, apprehended, and commiHed to the
Goal of that County where they (hould be foun4.
bf(. On Ibis fome Jefaiis were lalcea io Lsndsn
}r\
La W) put into Newgate ; but, though the AttorneV-
'"^ General was ordered to proceed againft Ih^nii only
ttae, our Author fays, was convicted ; which, hf-
'.faia wasquellioned in the euluing ScQion of E^Im-
:*nent. , '" ^
About this Time Sir Richard IVefton, Chanc'el-
Prffermfoti lodloTof theExcbeqacT^was made 3 Pccf of ihcRealm,
Pi'douj. and l-ord High Treafurcr of Enghnd: Dr. Laud
was trsnilaled fiom St. Diitfld'% to the Bifhopricfc
cf Lindm : And Sir Thimas Wtvtworth created Ba-
ron It'eatwarth QiTt'entwmh Wiitdhmfe i all three
Perfons greatly concerned in the Sequel of ihefe En-
quiries. —Dr. Montagu and Dr. Maniuamg, both of
whom had been cenlUred by Parliament, were par-
doned by the King: The former wasalfoprefarred
to the Bithoprick of ChUhe/Itr ; and the latter pre-
ftntfd to the Rectory of Siapford Rmn in E£nt^
and had a Difpetiration fo hold it with his Rectory
,-;0f Si. GiUi'i in the Fields.
It was about this Time, ah'o, ihjt another Ex-
pedition was defigned to relieve RechiSe, then fttait-
The UiTirt ofly befieged by the French; and a Fleet being pre-
"■" ^"'" "'^ pared for that Purpofe to go under the Conduct of
' the Duke of Buckingham, that Nobleman was
.flabb'd, fuddenly, to the Heart by a determined en-
.,. thufiaftical Villain, Hift as he was about to thip off
;(j» ihe Enterprise. The Circumftances of this Mur-
1; det are too well known to need any Repetition
,.|iej-e; The Aiflor of it is averr'dto fay (A), That
;4J was the Parliament's late Remonftrance againft
J 1^ poke, that made him TeTuive to take him off). as
•■ .public Enemy ofhis Country — — Happy wfllild
•juitpilg fc«c5/or.t(!eJ^iiou, if^iJii;lV|j,nifter's Blood
V-M-.i*i?"*^ ror^.^^ildtciMni^ (65 ^iffereftcei then
•rfterwEeh Prince and PfepEJc. ■ ■■■■--■ ■■ .-"
' - This
BuFkin^hiin
1
*„ ,'^ij lad Expedition to Rrtri*^/f, afier'theDtAe'SAn.4 chirtel.
"Jieaib, wasput under the Cstc of iht'Ear] o( Had- ifirf.
'jiy-, fcutended as unfbrtunateljr as the former: So
'mat Pratf/laril Town, after it had held out to the
laft Extremity, was obliged to furrender to 'hc^^^j^^JJ™^""^
FrtJiih King, and to the Catholic Power. Lnvis k e e.
XIII. entered it the i8ih of O^ci^r this Year ;
aUdi'on their humble Submiflion, fliewed Mercy
to all the Inhabitants that were left alive; for not
iboye 4pao fenuiiied afabout 2z,ooo Souls.
-.''''The rftDayof Oi^oifraPioclamatioiicaroeOut— J PariiuB
■ife prort^e the Parliament, from the loth of thatn " ' "
Month, to the 2otb Day of 'January following.
And nothing elfe intervening, h i (lor ical enough for
our Purpofc, we fhall pals on to that Period.
The ffrft: Thing the Commons did, after thdt
. Meeting, "January the 2cth, was lo order a Revi-
" valof all Committees, on public Affairs; as, for
"^.fivileges, Religion, Courts of Juflicc, Grievances,
' and for Trade. A Call of the Houfe was, like-
'Wife, ordered, on the 27th.
They next proceeded to take into Confidcration
wh^tThings the Liberty of the Subjefl had been in-
'■varfedin, againft their Prtifw/i of Right, iince the
' '£bd of the laft SeDion of Parliament.
," .■It;was further ordered, ihat Day, That Mr. 5«.'- The Commom
iif/i,"and others, fhould fee, if thePrt/Vw/i ef B.ight\Ti<\a\<i HnimB
"and his Majefty's yf///Mf(r thereunto, were inroU'd ';','''■ ''="'■■"
jltiW Pariiament Rolls and Courts at Wtfiminjhrf^^'^^-
"' a^tis Majefty fent them Word, the laft SelEon, they
,_iljt}uid t>e (J) ; and alfo in what Manner ihey were
,.ctiiertd: Which wasdoneaccordingly. And, foon
.."af'eri' Mr, Sf/rff« reported to the Honfe, ' That hii
' 'Jl^flj&fty'sSpeecIi, made the laft Day of the laft Sef-
^ fitfrtiiitheUppcrHoufe, was entered, along with ilie
; /ft^iian'and linfwery by his Majefty's Command.'
i.'Mr. Pyiji moved, 'That the Debate hereof
'illoUld be deferfd till ^uefiay next, by rearon of
0.3
('V Set iheMtfnigcfiKdMt Pur[iolc p. jq;.
ri
B^
J
%4^ TUTdrlkmintary^iSsr oxr
Aa, 4. Charles I, the Fcwnefs of the Houib» many being nat:lfae9
'Mr oome up.' ' v.t. ^
I . £ir y^n ElHot. < Since this Matter is now tai* ,
fed, it concerns the Honour of the Houfey. and tbfe
Liberties of the Kingdom: It is true, it defenrjeffito
be deferr'd till « fuller Houfe ; but it iagood tp prot
pare Things, for I find .tbis.to be a Foint.of gp«tt
Confcquence. I defire therefore that a feleft Ccim-
fnittee may both enter into Coniideration of tbie^
and alto how other Liberties of tbi&Kingdpm^are
invaded.
' I find, in the Country, the Petition of Bi^ht
printed indeed, but wiihan Anfwer that never gave
any Satisfaction. 1 defire a Committee may con-*
fider thereof, and prefent it to the Houfe ; .and that
the Printer may be fcnt for to be examined. about
it, and to declare by what Warrant it was print-
ed :* which was fo ordered.
Mr. Selden. * For this Petition of Rights it. is
known how lately it hath been violated fiiKe our
laft Meeting. Our Liberties for Life, Perfon, amd
Freehold, how have they been invaded ? Have not
lome been committed contrary to that Pejtiticn ?
Now we know this Invafion, we muft take No'^'
lice of ir. For Liberties in Eltaie, we know of an
Order made in the Exchequer, That a Sheriff wat
commanded not to execute a Replevin : And Men's
Goods are taken aWay, and mull not be reftor'd;
And alfo, no Man ought to lofe Life or Limb, but
by the.Law ; and hath not one lately loft his Ears?
(Meaning he that was cenfured in ihcStar-Cham-^
ber by an arbitrary Judgment; and Sentence (i7-3
Next they will take away our Arms, and then out
Legs, and I'o our:Livcs. Let all fee we are idnJi*.
bit of this ; Cuftoms creep on us : Let us. make a
j.u^t,.Repreleatation rhcreof to his Majefty.'"
i'he King's Printer being fenl for, to know
by.: wlttt, Authority he fuppreiled the fvft Edition
hi \\\f^.Bftitiofi/jf Rights and printed an^fber wlih
-dii 4iiuitiD?u He anUveied, ' He was lure he had a
... Warrant
;/^ Our Manufcript -Account of this P»riianient fsys, Saw^e,-
•f
Of E N GL A Nftr 447
Warrant for it ; but remembered not, w4ietber it An. 4 chuieti,
came immediately from the King, or firomithe «W.
Lords.. Upon which McSeldi/ij and four otber
Members^- w^re ordered to go^ Home with ihe Prin*
ter, amd ioform themfel ve$ of the Wanant ; to takt
« &ipy> of it, ^nd report*thefame to the Houfe the
tiaa Mofriing. Accordingly,
-Nextlfey, Mr. Selden reported, * That they had
examined. Mr. Ndrt$n and Mr. Bill, the King's
Primers, and found that the Clerk of the Houfe of
Lords had fent to them the original Petition of Rights
with the King's fecond Anfwtr to it (i). Th^t, du-
ring the Sitting of the Parliament, they had printed
about fifteen hundred; ofwhichfewrweredivulged.
That the Day after iheSeffion was ended, Mr. At-
torney- fent for Mr. Bill to his Chambers, and told
him, as by his Majefty's own Command, That
thefe (hould not be p'ublifhed; and that the Lord
Privy-Seal (/) told him as much. That foon after
he was fent for to Court, where Mr. Attorney told
him. He mull print the Petition of Right with the
yjfy? Anfwer {m) to it and his Majefty's laft ^$ch.
Thefe were given in feveral Papers, ftrongly faft-
cned together, and upon the laft a Warrant.*
Then a Queftion arifing. Whether thefe Papers
(hould be fent for? It was carried in the Affirma-
tive J and that the Printers (hould bring them, a-
]ong with the- Warrant, the next Morning. But
this A&ir wasput oiF, the next Day, to another
Time 3 and from thence we hear no more of it.
Anocheribttifeverer, Scrutinywas made by the
Commons^ '00 >the Complaint of Mr. Rollei, a "
Merchant and a Member of that Houfe, * Thai
his Goods were feized by the Officers of the Cuf-
toms, for refufing to pay the Rates by them de-
manded $ aliho': he told them, what was adjudged
to be-due by Law he would pay them.'
. »The further Proceedings on this Affair, and other
Matters which happened in this fliort Seffion of
I u, • Parliament,
• (if^ See befow; p. -02. {I) The EarL of Worcifiir.
(ffij ;Scc bef^re^ p. 150.,
-l%4^ 7ft ?rfW*(MlrrtJjr> History
Afc*:Ch>itoil.ParHatncot, were publKhed abaVd 40 Yieirsago/*},
i5*l. froiii an Account laken and collected by Siriht-
mas Crnui Knt. Father to Jehn Lord Creuyt ■'THt
m Genileman had been Speaker of the Itft Pa^^liiH
^^^V , i^jSitotof l^gjamii,^^ thefirHof KingCAiiry^;,
^^^1 sr.WBs 1 Scfgeam a[ Law, anda Perlon Vexy eminent
^^^H in his Profellion. His Account, being much MIcr
^^^V r.tiian is fepiefented in Ruftywarlh, or any other
^^^H t. Writer, we fhall chiefly follow; compared irith
^^^P, ,: rtfc Jearitals of ihe CdTOmMJ, ihc Hiftorugt CtBeC'
^^^ lUrifeff, anrf, what are ftiil more cuiious, two Maxu-
,::firipti^ of an equal Date with thefe Times I»the
wfttface to Sir Thomas Crew's Cclk^im it is fsid.io
' ,.ife (iffcred to the Perulal of the PubUcfc «wiibout
I -/f any Diminution, Addition, Remarks or Apfilica-
' ' TiJSi'tion, fmarginjl References exceiited) by his
I ,' Grandfcn, '^ekn Pirkhurji, Elqi' But upon
coraparing it with the above-mentioned MAitu-
fcripts, it appears ihat levera! Speeches and mate-
cial PaiEiges are omitted: Surh are properly di-
Itinguifhed in thmr Order, From all thefe Au-
ihoriUes we mv,y he able to give an exafl arrd au-
thentic Account of this Seflion, more refcarkabic
ihAn any whicli haih yet happened in the wbolc
Courfe of thefe Enquirits.
I But before we go on to this, it will be neoeflsry
to look a litile into the Proceedings of the Lordt-
\ for this Seffion. Wc find their Jouraafs yery bar-
'' ren of Matter for this Purpofc, except what isalfo
piven in the fubfequent Account of the Ctmmtnt .-
I Appeals from Chancery, and Ibme Breaches of
I Pnnlege employing theirTime moff part of this
f . , ' ■' ■, . ( r .-Wliot). In the Utter Affitir, the moil remattablc
I ^.;. ^..JtiJinriW^^-lhis: AMotionwas made in theHoufe^ (/>-
- Th< Loiiit wVeni^f"? 9-) ihut ' W heress divtrs EngHJhmtn having
tht cucrctriLB «" iJbKiiiieid Dcgreee of Honour i as of Earls, V,ifcaums,
S(L>u sn4 i'i^^ij]d..B:iroiis, within the Kingdoms of Si^/Z^nrf and
I V«tTGjS5.^^'"^-8r'd iheteby do pretend lo have Place and
tonii '..-.Prwrcdency, .in all Commiflions ^nd Meetings, a-
. iKJi-e the Peers of ihis Realm : The Houle tfas lo
, .tonlidcj hpw this Wrwg mi^t be icdreHed^diher
L- ... by ■
Of E NO L A-N XT. 249 ^
by an Aft of ParMament lo be pafied by boihA».4.ci.Mieii.
Houfes 4 or by an humbi* Petition from them to i«»l.
' the King } or bya joim ProtelUtion of the Hoore
againit it.'
A Committee being; appointed to talce thic ASair
immediately into Confidcration, they agreed on the
'following PropornicHi :
no''* We conceive that no foreign Nobility have
itiiny Right of Pretxdcncy, within the Realm of
■ .■^netanti, before nny Peer of this ICingdom: Yet,
notWiihftanding, by Couriefy, Precedency h«h
been allowed to Noblemen ot' foreign Kingdoms,
according to their Ranks, which it is no way our
Intention to alter. But in regard that, of laie,
many Esglijhmen, both by Birth) Eftates, and A-
bodes, and the more coniideraNe becaufe of their
great Number, have had (eweral Honours in the
Kingdoms of Scaiknd and Ireland, conceived to be
very dilieririceablc to hia Majefty, and prejudicial lo
the Peers : That which the Commi tee do, in Hu-
mility, offer unto the Houfe, is to confider what
Courie is the litteft to be taken for applying to his
Majefty for remedying and rcdrcfling of this In-
conveoicncy.' Agreed unto by the whole Houic.
Accordingly the following Petition was prefctit-
ed to the King for that Purpole.
/fPETiTtOM Jy (jfr* Lords tovcermng tht?TKt-
dency oftht hit treated Baroks, Viscounts,
f7/iE^ Ear Ls ^Scotland fl»i^ Ireland. .1
, .. 7a theKiti c's Mifl ExiellenC Mafifly'. ■_
^iffi.^N all Humility, fliewunioyour McftEKcel-TUffciii;,,^!.
-^i/Ii lent Majefty, your ever loyal iiubjefts, theihcKiug jjjmit
giUvJibnlff'Spitilufll snd Temporal now in Parhameat".'
,-'*;8fl((mbled, -That whereas the Pc^rs and Nobility
f.dtfefihisyout Realm of £'«?;i/«i, have heretofore "
tm: ui!'d,'in-Giiiirteiy, toaftbrdPrei:eiieHcy,;iccordinE. '..
s'.O^ihefov^rai Ranks fMidDe^re«, tofottiof the
-.'i^-'Niibitilv'of Ai)//<;«JifaT«J Aw/'/M^.-iRi-belnigin Ti-
ni Tks-ofHoaOwrikwe'i&e^B^ have>-u^ori Ottafian,
■ d * lelotied
Afi.4-Charfet I.
^50 TBa ^rBavkfiOnrf/MisrsiKr
rcforted hither, or remained here in yojiir Majef-
ty'a Seryicc ; which we areinoft ^flHng ftould
Jbe ftHKobTerv.edtas A Civility tending cothe^gieat
Honour of our Nation: , i^n.;: -
* Now, divers, of the DaturalrbornSulgefls off this
Kingdom^ who, both themfelves and cbckFaloi*
lies, do re^de and have their chief £ftale« and-PoP'
felEoDS amonglt ua, having of late been created,
fome Baronsy fome VifcouDt9». tod fome £arls»
within thefe your Kingdoms of Scotland 91A Ir^
land^ do, by reafon thereof* claim, as of R^bt»'tO
take PJaccj and to. have Precedency of the Peers
and Nobility.of iS^r^/jffrfjand iheirChildreni with-
in this Realm ; which we conceive doth not be-
long unto them by any Grant from your Majef^-
ty ; and tends both to the Diflcrvice and Preju-
dice of your Majefty and your Realms, and to
the great Difpiaragement of your Englijb Nobility,
as by the Reafons hereto annexed may appear.
•• We, therefore, befcech your Molt Excellent
Majefty, of whofe tender Care to preferve the
antlent Honour and Dignity of your Nobility
we are throughly perfuaded; that, yourMajefty*s
Wiidom and Goodnefs being fo extraordmary,
you will be pleafed, according to the Example
of the beft of Princes and Times, upon the Con-
fideration of the manifold Inconveniences, which
Pradtice and Obfervation of Circumftances have
brought to Light, being reprefented unto your
Majefty by the neareft Body of Honour unto you,
and neareft concerned in this, and offered with as
much Faith and Humility as they can devife ;
for the avoiding of all Debate and Contention,
which, upon this Occaiion, may arifeeither fonthe
; prefent or future, that fome Courfe and Order
may, be titnely fettled therein by your princely
Wiidom, as that thereby the Inconvenience: of
your Majefty's Service may be prevented 5 and
that the Prejudice and Dilparagement of the
Peers and Nobility of this Kingdom may be le-
dreffcd/
' 7hi
. 0/ BiNv.<ai> A N I>* ail
r- • /■''■■ ■ Ant 4* Cly^e*,!,
u^irjtj * We ftoM It to be new,, and not war-
« ranted by any antient Precedents^ that Subjtos
*. of this Kihgdomt-w^ofe Habitations, Eftates, and
^ : (Fo&iBons ^dfe' principally within this your Ma-
^ij^^si Rtetm, fhould have Titles of Honour in
^ Btber Kingdoois, where they have froall or no
^'£iljates, and do not abide.
-' Secaudfy^ *iThat rr may be Caufe of great Dif-^
^icontcntmetu to your Majefty's SutqeSs in Ire-
h iandj that fo great a Number of thofe, who have
* no Eftates to oblige them to the Defence of that
* Kingdom, (houid give Voices in Parliament,
* there to make Laws. As alfo it may be great
* Danger to that Country, if Times of Hazard
* 'fhould come. Which weighty Coufiderations
* have wrought fo far with your Majefty's Royal
* Predeceflbrs and the whole Eftate, that an Aft
* of Parliament was pafs'd, which took away great
*• Eftates of Land in Ireland from fome of the no-
* bleft Families in this Kingdom, only in Contem-
*. plation that their Want of Refidence there upon
f their Lands might endanger that Kingdom.
Ihirdfyf * That it is a great Diflervice to your.
* Majcfty and this Country, that ihofe who live
* amongft us, fliould, by foreign Titles, exempt
* themfelves from thofe Services of Truft and
* Charge, which othersx)f as good Birth and Eftat6 '
* here undergo dafily ; wherebv it happeneih often;
* that either Perfons of good Qualiiy are more fre-
* quenily burden'd, or the Charge fialls upon thenl
' of meaner Condition and lefs Ability 5 not with*
* out Prejudice to the Service, and Difcontentmcnt
* to the Perfons that undergo it, as alio of Lofs lO
* your Majefty, and Grief to your Subjeftsin iholi^
^ Places where the Honours are given. Thatahho*
* they draw to your Majefty Creation-Money;
* yet they donot help nor a/Bib there to any neccf-
* lary Charge or Contribution. ' ' - .:...' - •
Fourthly^ * Tbat.it is conceiv^d.to he cortcarf
^to the fundamental 'Laws of ih.fe King, oms,
* t.iac
'^'i^
I
»
5Jti 7fieTarHamentary}inT0KY
thar any fhould be inve2ed wUh an heredjtarjr
HcmouT, where he hath noi an Eftate boiti to
j*.ot>lig: him and his totheCareandDc/enceofthac
*i Kingdom i and make himrcEf, by that, refponlible
^- to the Jafticcof tha: Place where hisPerfcui isprt-
.fi Alleged ; and of great Grief loyout faitjifui So-
.^j^iiity of this "Realm, (who have yielded, out of Ci-
,f, vHiiyaiid Co»irtefy,toSlrangers) that they fliould
,< fcediftucbcd in ihol's Ranks and Degree*, which
.} the Gtacc of Princes, grounded upon Merits,
* long Time have icttled ihcm in, by others of
* theii own Nation of meaner Quality i in vfbota
* no other Caufe appears but Ambition to precede
,f others, wiUiout Ground of Merit$ or Eftate to
.•.Barrani it in Ihefe Places, where they have ieut^bt
v., Title ; it being a great Ditninution to yoiir No-
-f -fcility and their Children, and the antient Gentry
;f ,-Of this Kingdom. ,
^[ 'Fyihly, * That Honour, both in the Nature of
f 'itielf, and Praflice of former Times, being at-
'* chicved, principally, by Virtue and Dcferti and
' it being one of the chiefeft Marks by which, ihie
* beftof Princes made Imprcffion thereof to defcend*
* faeredi£arlly,inihe molt defervingFamilieJi which
* was, by generous Spirits, efleemcd above all otTier
* Rewards: We leave it unto your Majefty'g pru-
* dent Conlidcration of how great Inconveniencf
' it is to alter or Icffen the Value of that Reward ;
i,S; wluch was of fo much Honour, and no Charge
*,',f> unto your Majefty ; andof fo gieat Contentment
,j ^d Eale unto your People ; Which may be dc-
i_Ji^nionftiatedin many Piiticulars too long now (o ,
■^^rehearie.' ■ "^ I
. . , * , Further, we hold it in no fmali Decree dcrp-
■ *"gatory to the very Foundation uf Nubihiy jtiyf,
' which is the Slop and Circle that compaflcih^llpe
* Royii! Throne, that thwfe who bear a'l'ille, imd
,*;da'in its Precedency before many of us, fhould
\*_ Ifll-fo iow in the People's Eyes and EEieem^as
'^5,"tq be daily fubjeflIoArrcft^ of their Per fons, and
j.jf;,sllo[hei CircumiUiibe! Af Dilrc'.pcft, which Uie
* meaneftSoDJeflsundergo, t)c'inginiheEyeoftheAii.4.Cb"WL
* Law but Commonen. 'lei* ■
* To conclude. This our Caufe of Grief, bemg,
* in our Opinion, as to the Praflice of it new and
' unufual ; in tlie ConfeqLicncc not without Dan-
* gcratid Difcontenimem to your Realm, and Sub-
' jcfts of all Degrees ; in the Nature of it con-
* trary to the Foundation oi the Grounds of Ho-
* nour laid in this Kingdom ; and the whole Courfe
* of itbtecdii^ ill EfFefts lo the Service of your
* Majefty and the Public; Difvalue and Contempt
'• toNobiliiyitfelf, which is the Degree interpos'd
I '■ bntnedUtely betwixt your Majefty and your
* People :
I -* * We can no where lb juftly appeal as to your
''Majefty, the Fountain of Honour, fora timely
* 'Remedy againft this great and growing Inconve-
' niency for the prcfent ar.d future. And as your
* Majefty's Honour isequallyconcemed inthisWltli
■' the Iiuereft of your Kingdoms and Subjefls j fg
* we doubt not, but it (hall appear to the World,
* thaiyourMajefty's gracious Care is toreduceand
"* maintain your Nobilitv in their antient Luftre;
■ " which flial! equally tend to your Majeiiy's Service
* and Happinefs, and to our own Contenrmcnt.'
February 19. The Lord Keeper reported his Ma-
jelVy's Anfwer to the above Petition, to this Ef-
Thai thf Matter wasvf-jvetgBty ConftqiutKe \ ani^i-,^ ,
ip' thiir Lord/hipt had fat foms Days irpnpciri ihtKnU
fimf, fi he viaild tele feme limt to cimfidrr if an
Anfwer tt it, Tbci iht Form sf the Petiiim and
Manner of delivering of it was fuch, ez ■ hr huid
flat but interprif weUsfihtir Lerd^ips Prerndingi ;
! jSt ke may fay thai it is taficr te prevent an Immivi-
[ i**V«0'j 'Ac" redrefsit tvhiti it has happenttl^
* Tt is probable that the Difogreemcm theti orifing
beto'cen li^c" Kingand the Hbufe of - Comftitins,
whirh "occafidncd.iiic'Tudden Difiolotibn -qft^is
Parliansenr, vri% atfa-thrRwirn-why-ue-ftinher
' ' Anfvvcr
kM^
a J4 7m Tartiamentary Hi s iro*. r
Aii'.4.CharlcjLATifweT was givcii to tW^PeftitiOD ;' for wc tnfeet
i6a8. wlrh np more aljout it. And,"" *' . • '
■ Nothing elfe of any Confcquence happening-ih
the Upper Hoitfe this Seffion, w6 Ihall pafs on 19
the Tranfaftions of the Lower.
The aforefaid Complaint, about feizing Mr.
Mclles^s Goods, having been rtxadc to the Houfc, Sir,
Sabert Phjltps got up and faid,' ]
* By this Information you fee the Misfortpties
S^^cGc^of thefe Times, and.how full Time it' was fofthis^
of a Member forAflembly to mcet to lervc his Majefty, and pte-
refufing to pay Ycfvc ouifclvcs ; and I am confident we came hither
Taonagc. ^^ ^^ both J and may all we {hall do conduce,
to an happy End and Conclufion, to the Itin^y
Honour and our own Safety ! Great and Weighty
Things wound deep ; caft your Eyes whJeh
way you pleafe, you may fee^ Violations upoji
all Sides : Look on the Liberty of the Suhjefl:;
look on the Privilege of this Houfc j let any fay,
if ever he read or faw the like Violations by infe-
riour Minifters that overdo their Commands.
They knew the Party was a ParMament-Man :
Kay, they faid. If all the Parliament was in him^
this they would do and juftify, meatiing the E>e-
nial of the Replevin. If we fufFer the Liberty of
the Houfc to wither, out of Fear oi' Complement*
we fhall give a Wound to the Happinefs of thfs
Kingdom.
• Here the Courfe of JulBfce was interrupted :
Order was was made in the Exchequer for the Stay
of the Goods ; and fince there is a Seizure, upon the.
Approach • of Parliament, of Goods amounting
unto 5000 1. for pretended Dutieiof 200 1.
* In the firft of King James^ by reafon of thd
Sicknefs, that then was, the Parliament was pro-
rogu'd j and then there was fomeBoldnefs to taki*
Tonnage and Poundage; yet, after, we queftion'd
the Men that demandifd it, for there was no Right;
to demand it. Let us proceed with Perfeverance
In our Duties to make up Breaches : Let a Com-,
miitee be appointed toconfidtr of thefe Duties.* •
Mr.
.Of ENGL AND. ajj
. Mr. Littleton. * We have had good Admoni-An'4CbMl««i.
tions, and we have followed them. We have
had Moderation ^reach*d to us in Parliament, and
we follow it.. I would others did the like out o£
Parliament. Let the Parties be fent for that vio-i ,
lated the Liberties of Parliament, that they may
have their Doom.' , ■
Jhis speech was occafigrCd. by Secretary Cooke,
who had deftr^d Moderation might be ufed^
•Si; John Elliot. . * 1 fee by this Relation what
Caufe we have to be tender of the Liberty of the
Kingdom, [ihd of this Houfe] (o) and yet withall
to retain t}]at Moderation, as to give Satisfadlioa
to the World that our Hearts are fixed to ferve his
Mi^fty, :and«to free us from all Jealoufy.
'"^ Three Things are mvblved in this Complaint.
' I. * The .Right^of the particular Gentleman.
2. ' The Right of the Subjca.
3. * The Right and Privilege of the Houfe.
' Let the (Pon^oiittee confider of the two for-
mer ; and for the Violation of the Liberties of
this Houfe, let us notdolels than our Forefathers.
Was etref the Iitformation of a Member conmiii- . ^ . .,
led' to a Committee ? Let us fend for the Parries :
Is^lbere not here a 0at Denial of the Reititution
of the Goods I Was it not alfo faid, That if all
the Parliament were cpntained in him, they would
do as they did i Let them be fent for.*
\ It was herisupoh ordered that the Officers of
the Cuftom-Houfe be ient for.
% > • ■ ■
Then Mr. Selden reported from the Committee
concerning the Printing of the Petition of Rights
* That there were fifteen hundred Copies printed
without any Addition at all, which were publiflied
in theTimeof the laft Parliament ; otherCopics have
been printed fince with A(^ditions, the former fup-
prefs'd, and made wafte Paper \ which the Printer
did, as h^ faid) by the Command of Mr. Attor-
ney! ,
(0) The Paflkgcs in Crotchets f ] are fuppUcd from fhe Manu^
feripti before mentioned. There aic lifa feveja] Qof re^on'^ /«^w.
too minute to be particular ized. *" . '^
ii»*°"*"-iji JheTarliameutary HiiTOKM
I
t- nef, which he received from his Majetty. An|lJ
ihc Piitittf funhcr diA, That Mr. Attorney wai?
with the Lord Privy-Seal at JfhifehaH, and tbef^
the ivA Lort delivered to ihe Prinrcr Papers will
divers Hands to them ; and on the BackHdc weA,
iodors'd thefe Words, Wt Jl^tll and Cmmaiti^
ysu that ibtfi CopUs be printed:
"Jan. 23. A Meflige by SecreUry Cnltt from
the King, to the Lower Houle.
* Whereas there hath been Debate, in this Houffa,
* concerning the Setzurs of MerchaDts Goods b^
' hi»Majcfly Officers and Minifters; His Ma jeftf
' wJleih that any further Debate or Proceedings^
* in thit Cafe, may be forbora 'lill To-inacro«P
' at two of the Clock in the Afternoon j vrheil
' his Majelly is refolved 10 fpeak with both Houfet
* in the Banquetitfg-Hsuft, at ffhilehalliziA heic-
* of we aie to take Notict.'
The King's Speech was as follows :
My Lords and Gentlemen*
,', "TTHE Care I have la remove tU Oijfaetes thai
\ (hit * maf hinder the goed Carrefptndeney, or tsu^ t
JiS/anderJianding, betwixt me and this ParSamentt
made mi call you hither at this Time, the particular
Occafan being a Camph>nt lateff mav'd in the Lnatf
Hmfe.
And asferym, my Lsrds of the flightr Heuje, /
aT. glad to laie this, and all ethir Occafwis, mhtniif
yott may (Itarly underlland both my Ifords and Aifi-
ns i for as you are tiear^ in Degree, fi ytu are tht
fitieji JVtineJts for Kings.
The Complaint I /peak ef, is fir Staying ef Men's
Goods that deny Tetmagt and Poundage. This m^
have an eajy and Jhort Condufion, tf my Words *ni
Anions he rightly underfeed: For, by pajjivg the Bill
as my Jtncmors have had it, my paji Ailions wiB
ie cgncluded, and my future Proceedings authorized t
I whith certainly tiyoula not have been flrucien vpon, if
Mm had not imagin'd, that J had iaitn ihoje Duties
*r applrlti^ing unto m/ hertdHary Prwg^fiw,_y*_
i
i
'Of E k'G I'A i^pl ■ ajr
which they are much dtceivid: Rr 4t 4tmr «/tfX,An.4. chtrtetl.
cnijiili is my MeamNg, by thf Gijt tfynyPe$pli i6»3.
to enjoy it ; and my Intentiat^in my Speech ai the
End of the lad Seffton^^was not to challenge Tannage
and Poundage as if Sights hut de bene efle ; ^ew^
ing you the NecifRty^ net the Rights by which I was
to take fV, untill you had granted it unto me : Af^
furing myJUf^ according to your general PrrfeJJions^
that you wanted Time^ at^ not Goodff^ll^ to giva
it mom ' ■ ■ f% •'. •
ffhArfifrij ^having nnv Opportunity j I expeff that^
wiltout Mofs' 9f lime^ )ou mate good yenr former
ProJegUi^X aM fo, by faffing the Billy to put an
End fe%$UStuiflibns arjfing from this SabfeSt ; - e/pe-
ci(^jfince Ibawremaved the onfy Scruple that cam
trouilayottin this Bufini/s.
To conclude. " Let us not- be jealoutone of another's
A5iions : For if I had been eafify movd ai every
Occafion, the Order made n the Lower Hmfe^ on
Wednefday Night lajiy might have made mejtartle ;
there being fome Shew to fufpeSt^ that you had gi*
youyhfy hearCompIainah'ts, andmt fiek Complaints ;
for'^I am certain you neither intend nor defire to be
' Iftqutftors after Men's A^iom before particular
Complaint be Jifade.
7hts I have fpolen t9 Jbezv yon hoivjlow lam to
lellew harjhly of your Proceedings ; Uktivife to off ire
youythat the Hcufe*s Refolutions, not particuier
Metfs Speeches^ Jhall male me judge well 0r i#, not
dotibting butt according to my Example^ yon will be
deaf to all ill Rrports or Rumours concern ng me^ un*
tillffiy f fiords and ASlions fpeat for themfehes : So
that this Sejfion beginning with a mutual Qohfide/ico :ne '
cf another^ it may end in a perfeTl and gkd Corre-
fponde'ncy between us i which Almighty God grdut.
'Amen-
Jan. 26. Mr. Thaller informM the Hc^ufe of .
divers Ships laden wiihCorn "fcr Spafh aha other
■ Vol. VIII. R Enc
ajS TbeTarliameritary HisroKX "
■leil. Enemies Countries : Whereupon a Commictec
wai appoimeJ about the Trading inib Sp,Tin and
oiher Enemies Coun;iies, and (.oncerring the tranf-
portingCorn andMuniriou ihitlier. kwas there-
ujton oideiM, (hat Ibmc of tlie I'rivy-Council
Ihuuid move ilie K.ing about the Stay of the laid
Ships.
Secretary Cceh mov'd, * That the Bill of
lainnge and Poundage might be read: But, after
fome Debate, it w^is diverted > and then they fell
ujwm Point ot' Religion'. ^
G.ic. Mr. Shtrlarid (aid, * Wc have a Religion that
■''^- a wurih the loving with all our Hearts. It was
fealed with the Blood of Martyrs, and kept by
Miracles; and now lo have our Nofcs wip'd of
this would grieve any Heart; much more to fee
our Religion quite taken away; Defigns daily
mnde on it ; and Armi/iiamf"' ftill to incieafe as it
(ioth, it makeih me not a little to admire. 1 am
perfuaiied that the greater Part of .the Nobility,
Clergy, and Gentry are firm ; but it is the Defires
of iome few that labour to bring in a new Fac*
lion of ilicir own ; and fo they drop into Ears of
his Majefty, that rhole thai oppofe them, oppofe
his iVInjefty, putting him upon Defigns that Hand
not wiiii pubUi.1; Liberty'; and lell him, that he
may command what he lifteih, and do as he plea-
icxh with our Goods, IJvejand Religion; where-
by ihey have involv'd all goodirue-hearied£«^/iA-
men aUd Chiiftians under theNnme of Puritans,
and make their Qiiairel^ to he his Mn jelly's -, which
is Treaibn in ilie highell Degree and Quality.*
Mr. Rsufy. ' We have of late enier'd into
Conndt^ration of the Ptriiiin ef R'^hi^ and the
V'jcilaiiun of it, and upon good Rcsfons; for it
concertis our Goods, Litwrtics and Lives; but
thc-te is a Right of an higher Niture rhat pte^rvcs
us far greater ThiDgs eien itie Eiernal Lifci our
Souls yea our GoJ himKlf ; a Right "of Religion
deiiv'd to us from rh; K i"-s ''f K;rg^, coniitRicd.
'Of E N GX A N p. 2JP
.'to us by the Kings of ibis Kingdom, and enabled byAo.* Chatie.i.
L^ws ill ihia Place, ftrcaming down to us ia .the *'*«•
ffipod of the Martyrs, and witnefc'd from Heaven
.(jy Miracles, even nViraculous Deliverances: And ■
^ihis .Righii in the Name of this Nation, \ ttiis
Day cUim ; atid defirc that there may be a deep
and ferious Confidenlion of the Violatbns of it.
XdeH^, fir{t, i: npy be conlider'd what new Paint-
iflgsare piid on .ihp old Face of the Whore of Ba-
AijSn, to i^uke^er more lovely, and to draw more'
Suitors to her. I defire that it may be, coofider'd
how the See of Rome doth eat into our Religion*
apjj fret into {he Banks and Walls of it, Itnean
t^p Laws. ani^ Statutes of this Realm j cfpeciall/
iince,U]QfE: Laws have been made, in a Manner by
themfflves* even by their own Treafons and
bloody pe%ns ; and fince their Popery ia a con-
fua*d Mafi pf Errors ; cafline down Kings before
ropes i the Precepts of Goo before Men's Tra-
ditions ; and living and reifopable Men belore "
dead and fenfelefs Stbcks and Stones.
■ ' I defire that we may confider the Incrcafe of
Arminianifrrit an Error that makeih the Grace of
God lackey it after the' Will of Man ; that maketh .
Shee^. l6 keep the Shepherd, and makes mortal
Seed of an Iniiportal God. I defire that we may .
look into thg Very Belly and Bowels of this Tra-
jan Horfe, to fee if there be not in it Men ready
to open the Gales to Rmiffit Tyranny and Spaajfi
Mpnarchy : For an Armiman is the Spawn of 3
Pafdfi i and if ihefe come the Warmth of Court- .
Favour upon him, you (hall fee him turn'd into*
otie oF thofe Frogs diat arife out of the botlomt;l3
P'f- ■■ '"' " '
* ^ti^ if ye mark it well, you (hall lee an J/r-
m/a;«« 'reaching out his. Hand to ^Papifl-; a Popjji
to a Ji]utji_i\,Jefuit gives«ne Hand toihe Pope,
and the. other Hand ^o tfieKing orsp^/jt.; And
thefc Men having kindled' Fire in our Neighhour'i
Country, have now brought over fome of it hi-
ther loiet on Flams this Kingdom alio.
R-s ''Vet
n. ^. chiritj I, • Vet let U3 (urlliBr fearch and confider thi
i6it. Ji^en itiat broke in upon the Goods and Liberiie
»oF this Kingdom ; for by ihia Means ihey mafcj
Way for the taking away of our Relig'ion.
* It was an old Tiick of ibe Devil, when K
meant lo take away yai'sReli^oni hebeginsaib
Goods, Lay thy Iiiindone(tbebalb,andhwill,(urM
the 10 thy Face. Either they think-hereby to ft"
a Diftafic between Prince aiid People 5 or !o fiiti
fome otliiir Way of Supply 10 avoiJ or break o^
Parliamems, that lb ihey may break in upon!
our Religion, and bring in their own Errors. ■ ,
* But let us do as Ja^ did; he held fatt.M
Religion, and then his Goods were reftot'd Ifrf
him with Advantage : And if we hold, fait owfS
Religion, ihefe Things (hall be added unto us^n
Let us conlider ihe Time part, how we flouriflt-
ed in Honours and Abundance, when Religion
floutifti'd amongft us; but as Religion decayed,
lo the Honour and Strength of our Nation de-
cayed: When the Soul ot the Common- VVealtb
is dead, the Body cannot long over-live lE.
'' If a Man meet a Doc alone, the Dog is
fearful, tho' never lb fierce by Nature: But-'if
llie Dog liavc his Matter with him, he will -fct
upon ihac Man, from whom he fled before. ;
' This Ibews thatlower Natures, being bacPd
by higher, increafe in Courage and Strengihi and
certainly iVl^n, being back'd with Omnipotencyite
a Kind of Omnipolent Cieature. All Thingsare
pol]ible to him thai believeih ) and where aUTtiings
are pufliblc, there ia a Kind of Omnipojency^
• Wherefore, let ic be now the unaninwus
ConltPi and kcfoluiion of us ail, to tiu^ a
Vow and Covenant, from hencefonh tp hold
faft our God, and our Reli^^ion j and tbe^i fliall
we from hencefuiih ceriamly cxpeft. P^ofperiiy
in this Kingdom and Nation : And to this Co-
venant let e^'ery one fay, jimen.'
Mr. K'-tin. ' This Birfinefs .that we haya in
hand concerninsr our Religion is of dangerous Con-
Jsqucnce, if it be not rttiilly looii'd iiuo. I thin'
Of E N G L A N D. 261
no Man that fitiJIicre but isfenfible in what Danger^"* 4-charic«i.
it now ftands, if this'Honourable Hoiife "doth not ' ^ *
find fdme jpi^fehc Remedy f<x it. It is apparent to
every JMfan, that neW* Opinions are brought in fcy
fbme ofoiif CharChmcn, to ^ifturbi tlje Peace that
our Church wasifbrmerly in; the, Meaning of it can
be no <!fthci' than 40 bring, ih the Rmifi Reli^dn
amof^gft iisV for it bath been ever a JeAiitica) Poli-
cy, fiHl to work a Difturbance, then aifterwards a
Chahgt.- We unuft feefe the Caufe; Hhall
fftelyTpcak my Opin'ion, That this proceeds from
thb Ambitbn of fome of the Clergy that are xii^
Itti Majefty : For it is well ktp wn, that th^ Cburdi
Qi Rome at firft» ajid that whi^h we now pf ofeft»
were ftU one ; and then tl\e Ao^bition of the Cli^rgy
J^ejgot and brought in all tbofe DiflE^rences ttia{.are
""iiow iamdngft us. The higbefft Digmty tftat tbqy
ain' attain unto here in Englan4 is an Archbilbop;
lSut a Cardinars Cap b not here to be had. I believe
fdme oif tbeqfi affe£^ that too well, and in foo^e we
ifee the ESe£U j how they change their Opinions jfor
Advancement, and they will turn White into filack,
and Black into W hite.
^ Tbfc being fo, our Endeavours muft be to talce
away the Root, and then the Branches will decay
of themfelves. ' It is not the calling in of the Appeals
-pf Cafar that will do it ; {p) for if they can get
^(hbprkks by writing fuch Books, wefliall have
. jnahy n\ore that will write Books in that Kincl. It
/behoves ui^all, every Man, according to bis heft A-
bTlity, to employ himfdf for the Search of thefe
'Thipgsj that W€ may find ovit the MaXtifer and the
Men ; that we may prefcnt:them> and the.jDahgers
that this Kingdom ftands in by tb^m, to hisRjllje-
ItW'iirid, for my part, I> as Gcxj (hull epabk me,
.i^HsSo' my heft herein/ n.;
'-' *
" Tfie itekt Day theTXkrbat^ was/efjinjj'd ; :>yh^n
Mi", ^^wlpoke as follows :.::, _r;:-
■■■• '■•' ' •■• *.'..R3 J-, ... '',. .; ,*.;The
(^j Alluding to a Bftnflc-, cj^rd, ^p/74 dejarem, wrote l]^ Q%
/Ift/i/ifg-i/whoafcoutlhis vcTjf Time was spade Biihto Qidi^efinf^
a6a 7/jeTarliamematry HiST^iLJ
' Ai, ^.a»tieii, * The Hinderances of Religion atetobe en-
quir'd alter, and Rcdrcfs w be tlitrfcin ta3Een. , ^
* There arc two Dilsales, the one oId» the oiJifr
new.
' The old, Papery. The new, Aimmanifin.
' There are three Things to be enqnir'd after
concerning Pcpery.
< The fir//, Of the Cefijtion of the EifCGUtion
of the Laws againft Pepciy.
' The Second, How the Papifii have been cin-
ploy'd and countenanced. ^,
' Thirdly^ The late bringing in of fupetllhiciofc j
Rites and Ceremonies amongft us.
* For Armlniinlfm, be advis'd, J
* Firjl, That aWay maybe open'dfortheTrul^ J
* Secondly, That by the Articles fee forth in 1552 jl
and by the Calechilin fet forth in King £dwar^m
Vl's&iys; and by the Writings of fwff- ^d? Of* 1
Martin Bacer, IVukdiffe, and others j and by tljft T
conllantProfcffion feal'd by the Blood of fo mikf I
Martyrs, as Cranmer, Ridley, and others ; andl
by the 39 Articles fet forth in Queen EUzabjtii^A
Time; and by the Articles fet fonhat Liimbeth^h\
the Doflrine of the Church of £wf/<iB'^i which J
King Jamei fent to Don and tole/md, as tt^
Truih profefsM here.
' i-'ijlfyi By his Majefty's Declaration and Pr(|-
clamation to maintain Unity in the fettled Relijgi'c^T
as appears by liis Proclamation, and oihet Courm
tending that Wjy ; which are pervcrwd an<J abus 4»
to the Rain and Subrerlion of Religion, wili^
breed a Fear of Innovation : As alfo by the Prefct-
ments which fuch have received fince the laftPfig-
liament, who have heretofore taught contrary to
the Truth. Then CL/nlider again for what Oi^^f-
AH thofe Men have btcn countenanced' ^nd ad-
vanced, what Pardons they have had foe falfc Doc-
trines, what Mjr.ncr of Preaching hath been lately
before the Kinj^'s Mijeflj, wha Suppre^JJo 'of
Books that have been Mri'iuit aaairift' ih(;ir £)oc-
trincs, and wha[ pLrmitlii;^ cf fuch BGobMhaye
been wiiilen for [hem. . , '.
' Tfee,
Of ENGLAND. i6i
* Thfe Ways |>ropounded for Rcrhedy, it is the An.4.charicsi.
Duty of t!ie Parliament in geifieral,"atjd of each '^*^'
Chriftian in partictifar, ro follow: And howfoeyer
it is alledg'd,. that the Parliament arc not Judges in
Matters oF Faith, yet ought they to know the
ettablifli'd arid fundamental Truths, and the con-
trary to tiiem ; for Parliaments have confirmM Afts
of Qenctal Councils, which have not been received,
tintill they have been fo authoriz'd ; and Parlia-
ments have enafted Laws for Trial of Heretics
by Juries.
• • The Parliament punifli'd the Earl of EJfex for
countenancing of Heretics ; and there is no Court
can meet with thefe Mifchicfs, but the Court of
Parliament,
^ The Convocarioh catmot ; becaufc it is but a
'Provincial Synod, only of the Jurifdidion of Ccn-
hrbury ; and the Power thereof is not adequate to
the whole Kingdom ; and the Convocation of liri
may, perhaps, not agree with that of Canterbury*
* The High Commiflion cannot ; for it hath its
Authority deriv'd from Parliament, and the Deri-
vative cannot prejudice the Original ^ the Judg-
Seymour. * If .Religion
Rule to all our Adlions, what Policy can we have? '
if God fight not for us, ind in our Battles, the
rtelp of Man isin vain. The Caufe of our De-
feats is our Defedls in Religion, and the Sins of I-
dblatry and Popery. PapifJs increafe more now
than' ever, neither do thev want their Priefts and
Mafles : Nay, his Majdly's Name is usM to flop
Prcfceedings againft Papifts, and that fince thclaft
Parliament i contrary to his Majefty's Goodnefs and
pubjicrk Profeffidns; nay, to his 6wn Proclamatfons
and Iilftfuftictis to the Judges;" and whatroevcr is
done in the Countiy is undone above.*
Sir kchert^Philips. • I hold myfelf much bound
to thofe Gentlemen that firft fet ihis oh foot; if
any Man' be fo zealoufly iranfportcd in this, it isfor
his Religion/ let that excufe him.
* Two
fSL
>64 7/i£ BarliamentiryHiSTOxr ^
itmJIg^mk^f T wo Sedg are damnably aqit in to undermine
••'* JK^gaad Kingdom, if not now prevented ; (he
^eanlient, Popery, iheoiher d^w, Armimatiijki.
?iVhat Mifary befell the Jews when ihey broke iheit
Pcicc vviib God? What haih blafled our Defigns
lince [hefc Herefies crept in ? Have wc not "ftill
tuin'd the iiack upon out Enemies? 1 atn afraid
that God fiileih in the Council of our EneniMfa-
gainft us. Doih not God plague us with Enemies
ai>ruad,and Deftruition at home' We are become
ihemoft contemptible Niition in the Worid; Arc
not our, Miferies and our Croiies daily. iniI'Me'd ?
Wjtli Grief do Icxprels that fatal perilhing of the
late hopeful Prince of 5ii^w/a ; !ct ushunible'fiur-
feWes bcfLite God, by fading and Prayer, thiit we
may bring him again into Euglanii to go before mir
Armies, and thai Gud may trown our Aftious
and tileii our Counfels.' ) i-.r -
The fame Day a Petiiioii was exhibiied IgaJMf <^H
One Lev-'ii, t)ii[, about the isih of iJr«m*#f-l«ft,- TJ
faid, ne Dt-z'i! takt theParliament j which was" i-
vow'd by two Wuneflcs: And tho' it was fpokcn
out of Parliament i yet it was lefulv'd to be :in Oj"*'
fence unto the Pailiament, and tc was ordti'd "he
fhouldbefcntfor. ■ -
Sir Nashamd Sid tendered n Petition concerning "
the Faft ; whereupon it was oracr'd. That aGon-
fctMice fliould hcdt/ir'd w ith the Lords about ihePe-
litiori for a Faft, who delir'tl to join with Uie Lowjt
HouJe ; and thereupon it was preferr'd lo the 'Kiwg
accordinj;;ly,by iheArchbiftiopaf 32r*, inihcNsnft ' ^
of .ticuh'Houles, in ibefs Words following, viz. ■ ' ^M
^^ ji'lojl'Gr/icimScpircisn, . . V
■ tTp« Petition of' TTisihe hearty and earn eft Defire of usyour
Mh Houfafor' I ■jjtofl. duiifulSufejeftB, tht ^iords Spirtiu'ai'BOd
ifsfl. * Temporal, ;uid Commons in .this prefent Parlia-
* mem row aiiembled'(.ihf>[ chfe ear Mestrag may
' be ;(ijiU)H_.v!iily [jlefa'd wiih^^U.Hjppiaefi iD'.tiie,,
' grc-a,^ AiFiirE;,Hf GlJOJcJi'anii &Mte, upqn whjch'
' ,i' ^.*K J,^ Vp"/^^ » ^Ui-iii-lwi J;'«,^.fi5pr,Ungcf:
, ij * ■ ' fi*flding
* flanding, both of your Majefty'sGoodncfs to^s,*n.4.Ch»]wi.
' and our faithful and loyal Hearts to your Ptr- •*^*-
* fon and Service (all Jealoulies and Diftraftions,
' which arc apparent Signs of God's Dirpkafure,
' and of enfuing Mifchiet^, bein^ hid afi4e and re-
* movM) there may, in this Scffion, and for ever,
* be a perFedt and cnoft happy Union and Agree-
'=.incnt between your Majtfty, and all the Eftatcs
f, of this your Realm: But humbly acknowledg- ■
*. ingt that neither this, nor any other Elefling can
' be expedled without the fpecjal Favour of Al-
' mighty God; and having (upon the Obfervalion
' of ihe Continu'd and intrcafing Milerics of the
* Reform'd Churches abioad, whole Cafes with
' bleeding Hearts we do commifcrate; as Iikewife
* of the PuniQimetits already inflidted, and which
* are likely in great meafure to fall upon ourfelves)
* juft Caufe to conceive, that the Divine Majefty
' is,forourSins,exceedingly offended with us: We
* do in this, and other pious Refpedls, moll dear
' Sovereign, humbly befeech your Moll Excellent
' Majefty, That by your Royal Command, not
* only ourfelvcs, but alfo all the People of this
*. your Kingdom may be fpeedily enjom'd, upon
'• lome certain Day, or Days, by your Majefty to be
* pteEx'd, by publick Fafting and Prayer, to feek
* .-Reconciliation at the merciful Hands of Almigh-
* ty God i fo as the Prayers of your whole King-
' dom, join'd with your Majefty's Princely Care,
* and ibe faithful and heany Endeavours of this
* -great Council now afiembled, may piocure Glo-
* ly to Almighty God in the Prefervation of hia
* true Rehgion, much Honour to your M&jefty,
' Profperity to your People, and Comfort to all
* your Majefty's Friends »nd Allies/
To llus tl« King, gave the folIowirg-Anfwclr L.
My Lords arid Oentlemen,
THE cUfftfl -KUHve of ytur Ptlitian, jting /^'fTheKinj
u/filsral'/e Rfia^-i- of ihtRffot'v'dChttrtbtta-i'^"
i
^^ a66 The Tartia^gfitafy Hi s tor y
*n, vOisrlrtl.d' /J«A, » taghtthm all p^blt Help: y*t etr-
j«il. tfli't^ Fighfiiig toiU d> them mere Godd than Fei^ng.
Tbt' Idtim wbslly diliitttw tht latttr, yet' l^Jf-tfU
m yatt, that ibt Cu/Ism »f Fb/ling tvtry SeJRbn is ffh
^^H laieljbtgun; ei<i, I cenfffi, I am net fa% fctiffitd
^^H vjnh ihi i^eieffiff ffii at this Ttmr ; -yft tsjhtwym
^^H hnv fmcathlj t drfire yaut Bii^ne/s tago on, ep-hricirtg
^^H g! much ds I (an ^ijions tr Jraianfiev,! d» -wiSmg'
^^H ly grant your Rtfie/ls herein', but with t^j Nirty
^^^ 7het lexpeif that ibis fiiall nut hetctifttr ie brsug^
^^' into a Preudent far frequent Eijli, except lipsu great
Ottafmii ; and, far the Form and tme, I tvill' a'livrfe
wilh rty Lfrdi the Bijhapi, and then fend a piirtUttiar
Anjwertoboth Hiujh. '
Mr. Pym came from ilie Committee for Religi-
on, and made a Motion about the Rcmonftrance of
laft SeflioB, concerning that Part which roircheth
Religion. And the Clerk of ihe Houfe anfwir'd,
Tbrti, by Command from the King, he deliver*d i[
to the Lord Privy-Seal. And fo the Committee
proceeded no further therein.
__^ Secretary Coaie deliver'd a Meflage from iIk
"The King's M«r. King, ' That his Majcfty, underftanding that the
fiFi^h.drnihet Remonftrance was call'd for, to take awayafl
u iDuuEcrt Q|^n.fl.[^,ns, Commanded liim to deliver it tothp
I * Houfe: But hopeihyou will proceedwithTurt-
I * rage and Poundage, and give Pfecedency to that
I * Bulinefs, to give an End to further Difpure bc-
■ • twccn him and fome of his Subjefls; or elTc lie
^^H ' fiiall think his Speech, that was with good Ap-
^^B * ptaufe accepted, bad not that good EBeift he ex-
, - Hae Sir Salter Earle made a Speech upon the
™4 [-'""^^ Occafion of Mr Secretary Cti^ke't declaring, * That
¥.iiii iciinioDi * hisMajcfty expeflcd that the Houfe ft ou Id give
*'""^"'"' * his Bulineis the Precedency,' iis followcth :
* lamdf Ihe Number oFtbofe, tliar, at our lail
Meeting, thought the Time bell fpent in vin-
dicating (bote Rtohls and I-iberiics of the Subjetl»
which
I
x;vhich had formerly been impeachM, and wcfc then An. 4. Cbgria t.
in moft immmetit Danger; and in that refped; ><«<•
thought it not ami(3 to poftpone^ for a while, the
Bulkieft of Religion^ as a Thing that rather concern'd
th^ WeiM)eing, than the Being itfelf of this King-
dom and X^omaionwealth ; Religion, Without tbs
O>mtnonwealth, being as an Accident without a
Su^a> or a Soul whhout a Body. Now give mc
Leave to tell you, that Religion otkrs itfelf to your
firft Confideration at this Time, challenging to hci*-
felf the Right of Precedency, and the Employment
of. our beft Endeavours ; that as it was then, UH
JDolor iH pigitus^ it may be now, Vbi Jm^ribi O-
cuius. But let no Man miftake me, as if I were left
fenfible of the Violations of the Subjefts Liberties
fev^ fince the laft .Sjffion) than any Man elfe that
its here, whofocver he be. No, Mr. Speaker; I
kiiow full w^l, that the Caufe of Juftice Is (jod^s
Cauie» as well as the Caufe of Religion : But what
Goodwill thofe Rights and Liberties do mc,or any
Man elfe, that refolves to live and die a Proteftant i
Nay, what Good will they do any Man, of whart
Religion foever he be, thatrefolves to live and die a
Freeman and not a Slave ; if Popery and Armima^
mfrn^ joining Hand in Hand a8:they do, foe a Meanfty
tog)9ther with the Romifi Hierarchy* to bring in a
Spani/b Tyranny amongft us ; under which thofe
Laws and Liberties muft of Neceflity ceafe i
^ In the Point of Religion, you &e what hath
been done fince the laft Seflion ; what Declarations
. have been made 5 what Perfons advanced ; what
Truths eftabliftied ; nay. Laws coofirm'd by Sy*
nods. National and Provindal, have been called
in queftion, and that in fuch a Manner, as the
like before hath fcarce been heard of. Well, how
others (land affedled, I know not^ but, for my
own Part, that which for an undoubted Truth
I have from the Church of England heretofore
received^ that will I ftand to ; and fprego my
Eftate, my Liberty, yea my Life ilfdf, mh^t
than forego it.
* As
9.6^ The Parliamentary Hist 07.Y
r^CV)<*>- ' Asfor patlingof Bills, TettihigRevenuea, and
the like, without fettling Religion, I mull con-
/efs I h^ve no Heart to it: Take away my Reli-
gion, you take away my Life ; a^d not only mine,
but the Life of the whole Suie and Kingdom,
For I dare boldly fay, Never was chcie, in the
Point of Suhliftancc, a moie near Conjunction
between Matter of Religion, and Matter of St%^ ~
in any Kingdom iti the World, than there is "J
this Kingdom at this Day. Therefore let tn
ihat J fay Jink a little into your Cjnlidcratipi
and let mc put you in Mind of a Siyiog, woFtu
to be confider'd, That Humana Confilia ca^igantHl,
ubiCccltliibuifiprisferunl ; whenHumaaCjuivKH
ihrufl ihemfelves in before Divine, a [hou^ind^jfj
one but ihey arc feverely puniflied. Bi
hold ourfelves to this Method by me now pcpjx
unto you, doubtlefs that God which, beyond otSra
Expedations, brought us thro' ihofe maiA ^C^fl
ficulties the lad Setlion, will not be wanting bfl
us in this Particular, that fo much coticerns ma"
own Glory: However, let us do our Endeavours*
and leave theSuccefs to him. The Sum of all
that I have faid i:nio you is this; of all tjie
Bulinefles that are now before you, whatfoever
ihey be, let Rehgicn have the Precedency.'
Mr. Caritcn. ' Let us not do God's' Bufinera
negligently: We. receive his Majefty's MeCdgc
with all Duty ; for cur Proceeding^, let us fo pro-
ceed, as may fooneft conduce unto hia MaJMj'a
Defircs. Religion concerneih the King as weUas
us. The Unity of this Houfc is Uveei, cfpecrauy
in God's Caufe. Let us try, and try agjin for thu :
Let U3 be refolved into a Committee, and preieny/
deba[e iherfof.* ^
S^.v'Jshit Elliet. ' Sir, I have always loEjf^rved
in the Pioceedingn of ibis Hoofe, our beft AdirMi-
idge is irl Order i ajid I was glad when that Noble
Genilematii my. Countryman, gave Occafioii, to
^ay our Proceedines i fori fear'd.it ^vouU bave
cijired us into a Sea of. Confu[:oii a:id Dilb»}cr.
"And nowtevhig'Occaliontopicient my T'
■f W *::.flj • ■ .v- " ■■■'
— - 1
o/.E N Q l;a k d: ' hsp
to you in this fereat and ^e^ty Bufincfe'of Religion, Aa.4. charici t
I fliall be bdid to -givie & fliort Exprcflion ot cqjf '^•
dwn AffciStion; and in that Order that, I hope, wiU
ttrnducebblttb fh6 effeSitig of that Wofk, and di-
reft our Labour to an End. To enter. Sir, into a
partiCUfar I^fquifitiori of the Writings and OpinN-
on^of 't)lvlrtes^ I 'fear it will involve xxs in a La-
byrihtfi that vi'e fhall harfflygct out of ; and perchance
hinder* that Way, and darken that Path ip which
wis mul! tread.* Before we know what other Men
hivt declared,. it isneceiikry that we (hould prefent-
iy'iay ^wn what is Truth. And, as I prefume,
we; camfe pot hither to difputc of Religion, . far be
that from .the Thoughts of that Church that hath
ibJong'Tlmeconfefs'd it, now to difpute it. Shall
twenty think ^e have enjoyed our Religion four-
ifcpre "Years almoft, and are we now doubtful of the
Dfefence f God forbid. It may be, Sir, and out pf
forae Things lately delivered I have not unneceflk-
rily colleScd, that there is a Jealoufy eonccived, as
if we meant fb to deal with Matters of Faith, that
did hot perhaps^belong unto us, as to difpute of Mat-
ters of Faith. 'It is out Profeffion ; this is not lo
be difputed, neither will that Truth be receded from
this long Time held : Nor is that Truth decayed ;
it is confirmed by Pariiament, becaufe it was Truth. -
' Aiid this, Sifi before I come to deliver myfclf more •
partrqilarly, pv*' me Lisave, that -have not yet fpp-
kcri in thfs great Cauie, to pve fdme Apprehen-
Hoit I have bf Fear j for it isnpt'in the Parliament
to make a tew Religion, neither, I hope, fhall ic
be in any to-after? the Body of that Truth which
' we'now profefi. I aiufl: confels. Sir, amongit all
thofe Fears we have contrafted, there arifeth to
mt, not one of the le^ft Dangers in the Declara*
tibn, which is made and publUhed in his Majefty'a
Nim^i and yet. Sir, this Conclufion, exdufively
let* me fay, that I may not be miftaken, whatever
in this, or other Things, fliall appear" to niaks
Mention of his Majefty, we have not the leall Su-
fpicibn or Jealoufy of him. We have that Com-
fort in his Piety and Goodncfs,' as if there be any
Mil-
An,4.CT.Mkii.Mirprifiongr Errorjl hop« it isby thgfe Mipifters
i6is. about him ; which not only he, but all PiiQces are
tubjcft unio.
• And 10 clear ifiis, that Princes are fubje£l tft,
Mifinformation , and many Aflions may be jutlified ! I
in ihcir Names, when there is no Sufpicioo of it'. I
to be done by themfelves ; give me Leave to loofc I
hack into Precedents of other Timcs> and what t'^ I
find written in thofc Stories may lie ufeful in this., I
Aatiothus, of jf/ia, fent his Letters miffive to his Pro-, J
vJBces, £^t. that if they received any Difpatches iai'; ■
his Name not agreeable to Judice, Jg/iM fe rf/ffdt.B
ffftfiriptas, ideoque eli nm panrmt ; as I find by;^!
Plutarch of the Gnat AntiaJius of Jjia, who faith, 9
That Princes ate obnoxious to Abufesof Minillersa 1
and it could not at all Times be prevented ; an*. J
iherefore he fcnt Meilengers and Letters to all hi»^ I
Piovinccs, that if there were any Letters or Difr^ I
patches fent uui in his Name, that came lo ihenif" m
liiat were not warrantable by Law, and agrecablq J
lo Juftice, it (hould not be conceived to be don^" I
by him ; and therefore [hey (hould not give way'. 1
Luii. Sir, I ii^d it in anothei' Boot, and I befeech 1
you kt it be rightly apprehended, for I hope I (hall, . 1
becltacirom Mifprilions; Cratian^iA not only'.l
rote and confeli the fame, but added the Reafons , I
alfo; whicb.ihc Matters of the Civil Law can te-t, •!
llify from their Books, wherein it is lhusexpreired»'.^|
i^id, inveruurida Pmenliiim h/Jligaimet Prini^ct.fM
Jitpt tmbu'itur at non anctdenda ianudanlj. * Be- «1
' caufe that many Times, with the Importi^nity.iJ
* of Minifters and thofe about them, Princes are 3
* drawn 10 giant Things not iit to be granted by JJ
' iliem.' As it was in that, fo it may be in this. 1,,J|
fpeak it to this end, to draw it to this ConcIii!ioH,'^T|
That if there beany Thing that carrieth the Title of ,',,t|
his M;ijclly, it may be the Fault of his Minifters ;" ii
tar be it from me to have Sufpicion of him. And'- Jl
now 10 that Particular, in that Declaration ; whercr j
in. 1 confejs, with me, is an Appreheofion of more 1 j
Fear ilian Uuvecl all the reft; for in the laftPar-' U
ticulars wc heard what is faid of" Pspcry and /frrni-' H
nianijin. I
,0/ Et^, gland. 271 ■
manifm. It is true our Faith and Religion is in An.*, chnfei.
panger ; but it is by Degrees. Here, Sir, iike an >*»<•
Inundation, it doth break in at once, that we are
in Danger to be ruined and overwheimed i for,
I befeech you mark, the Ground of our Religion
iscontained in theie Articles, If there be any Dif-
ference of Opinions, concerninglhe Senfeand In-
terprelation cf them, ihe Biftiops and Clergy, in
CpnvQcaiioh, have a Power admitted to them
to do any Thing which fhall concern the Con-
tinuance and Maintenance of the Truth profelled :
which Truth being contain'd in thefe Articles, and
thefe Articles being different in the Scnle, if there
be any Difpute about that, it is in them to order
which Way they pleafe : And for ought I know,
Ptpeiy and Armnianifm may be a Senfe introduced
by ihem, and then it muft be received. Is this a
flight Thing, that the Power of Religion muft be
drawn to ihe Perfons of thofe Men ? I honour
their Profeffion, and honour iheir Perfons; but
give me Leave to fiy, the Truth we profels is not
Men's, but God's i and God forbid that Men
Ihould be made to judge of that Truth. Look
upon the Conclufion they have made, and from,
thence I draw their Argument. I remember a.
Character I have feen in a Diary of Ediv&rd VX;.'
that young Prince of famous Memory, wherein,
he doth cxprefe the Condition of the Bifliops anil.
Clergy in his Time, and faith, under his own,.
Hand-Writing, ' That fome for Sloih. fome fo(
' Ignorance, fome for Luxuiy, and Ijjine for Po-.
' pery, are unfit for Difcipline and, Governincrrt.'
Sir, I hope, it is, not fo with us: Nay. give m^
Leave lo vindicate the Honour cf ihpic Men, .that*
openjy fliew iheir Hearts to the Triith, " The(s.
are amongft our Bifhops lijch fls aje.fic to bptr
made Examples to all Ages i whofliinein Vij,ti«v, ;
like thofe iwo faithful Wimefies in Heaven, ,pr.
whom we may ufe that Eulogy which 5f.i«J dt4
of Calm; That to their Mlt
[^niofiei
f hii quiitm sbfltt gucd ne/lrit TemPoribi:
fyft i^()^ 10 whgle Memory and Mciil I in.
and Merits,
^P 272 77jf Parliamentary Hist OKT
*n-^aMi*l-tbe Styiogt That the otbrrs VviUa art no Prejodicc
to ihcir Vinua ■ w[k> are lb tndulirious in their
Wofka, ibat 1 hope Pofteriiy {hall fcnow there are
I Men tbat are firm for ;he 1 ruth. But, Sir, that
all now aic not lb ftee, found and onhodox in
Keligioi) as ihe;' ihould bci witnels [he Men com-
plain'd of ; and you know what Power they have :
Witnefs thole Men nominated lately, Mr. Meun-
tague, itc. I reverence the Order, I hotiour not
the Man : Others may be named as bad. I appre-
hend fuch Fear, that thould it be in their Power,
we may be in Danger to have our whole Reii^on
overthrown. But i give this for Teftimony, and
thus far do exprefs myfelf againft all the Power
and Oppufition of thefc Men; or whenfoever
any Oppofuion (ball be, I tmft we ftiall maintain
the Religion we profefs, for in that we have been
born and bred ; nay, Sir, if Caufe be, in ihac I
hope 10 die. Some of thefe. Sir, you know are
Mailers of Ceremonies, and they labour to intro-
duce new Ceremonies in the Church. Some Cere-
monies are ufefui : Give me Leave to join in one
that I hu!d neceflary and commendable. That
at the Repetition of the Creed we fhoitid ftand
up, 10 teftify the Refolution of our Hcaris, that
we would defend that Religion we profefs; and in
lome Churches it is added, that they did not only
ftand upright with their Bodies, but with their
Swords drawn : And if Caul's were, Ihope, to de-
fend our Prince, Country, and Religion, we fliould
di3w our Swords againft all Oppofers.
' TTiis I fptak out of the Care 1 have to main-
tain the Honour of our King ngainit thofe, who,
1 fear, by ihefe Innovations of Religion, may have
Ibughr to undermine t(. But, to come to the Man-
ner and MccboJ of our Proceedings, having made
this Excurfion, (wherein, if I h«ve tranfgrels'd the
Rule propounded, 1 crave Pardon) I defire, 10
the End we m*y avoid Confufion and Diltrac-
tions, that We may go prefcnily to the Ground
of our Religion, and lay ihat down as a Rule on
which all may reft: Tbac when that is
.Of EN, G.i,,AN>D irS "
it will be Time to taJct into oi*r CoDltdemcion thc-A*''4-ct«*in
Breaic^rs and Offenders sgaiaft this RuJe; But be- "*'*'
fore we have Jaitl down that, our Work willbe in
vaia: Therefore, firft* let ue lay down the Propofi-.
tion, wherein wc differ frum the j^r/niniahi, and in
that I ihail be ready to deliver my Opinion; and -
this is jny humble Motion.
yan, 28. Secretary Cotic brought a fecond Mef-
fage from the King.
« His Majefty upon an Occafion of Difpute JflKHretary Cift's
* this honourable Houfe, about Tunnage and Pound- ^'^"i MtiTa(e.
' age, was pleafed Co make a gracious Declaration,
* wherein he commended unto us the fpeedy finifli-
' ing thereof, and to give a Precedency thereto.
* And his Majefty expels rather Thanks than a
* Remonftrance ; yet his Majefty doth not interrupt
* you, fo that you trench not on that which belongs
' not to you. But his Majefty ftill commands me
* to tell you, that he expect Precedency of Tun- ^^^^^m
* nage.and Poundage ; afTuring himfelf, that he hath ^^^^^^|
* given no Occafion to put it back, and fo hopcth . ^^^^^H
* you will not put It oft*.' ' ^^^^^H
Mr. Long. * [ cannot but with much Sorrow , ^^^^^H
fpeak, feeing that we are ftill preQed to this Point. \ ^^^^^M
I hoped thofe near the Ciiair would have Iruely in->. - ^^^^^H
formed his Majefty of our good Intentions : But we.. . ^^^^^H
fee how unhappy we are, for fome about his Majefty . J^^^^^U
make him diffident of us. ' ^^^^^^|
Sir Thomas Edmundi (a), *.I am forty this Houfe ^. ^^^^^^|
hath ^iven Occafion of fo. mMiy. Me.^ages aba^C . ^^^^^H
Tunnage and Poundage, after his. Maj«fty hadi gi-._^ ^^^^^H
vcn us fo much Satisfai^ion ; yo^ tI>^4;(XC^v¥ bja - : ^^^^^H
Majefty isfenfibleoftbeNeglet^ofhisagliael;: We ~!. '^^^H
that-know this, ftiuuld not difcharg^ om X)uties>.i ^^^^^H
did we not perfuade you to.thst Cuurfe which ftiould^Ll ^^^^^|
procure his Majefty's good Opinion oF you. Your-_.T ^^^^^H
felves are Wicneftcs how induftrious bis Majefty -^ ^^^^^|
was to procure you gracious Laws in his Fatber'a ^^^^^H
(a) Tttt.Uia ol tbc Houfehold. ^H
Vol. VIII. S Dip-, ^1
«74 ^*' Parliamentary History
Jto.f.Cbi['-c>l.I>jys; and fmce that what Enlargement he bath
""■ made of our Libertita i and ftill wc give him Caufe
to rc)ieni him of the Good lis hath done. Confidcr
how dangeroua it is co alik^ii his Majefly's Heart
from Parliaments.'
Mc. Ctriion. ' When Men fpeak here of Neglcil
of Duty towards his Majefty, iet them know wc
know no fuch Thing, nor what they mean. I fee
rot how we neglcft the fame. I fee it is aU our
Hearts DeGre to expedite the Bill of Tunnage and
Poundage in due Time; ourBufmcfs is (till put back
by their MelTages, and the Bufinera in hand is
God's ; and his Majcfty's Things are ceitiinly
amifs, and everyone fees itj but woe be unto us if
we prefent not the fame to \m Majcfiy.'
Sir Jehn Elliot fpoke to the fame EfFe^t.
Wherefore it was ordered. That a Committee
Ihoultl be appointed to pen an Anfwcr unto hisMa-
jefly's Meflages, and it is their Rcfolution to give
him all Expedition in Ills Service ; and that they held
it not only fit to give himTbanks, but farther toQicw
what Peril we are in; and that Tunnage is their
own Gift, and that is to arife from tliemfeives, and
that they intend not to enter into any Thing that
belongs not to tliein,'
yan. 29. The former Part of this Day was fpent
in debating of tranfporling of Corn and VIiEiuak into
Spain; and it was ordered, tliat a Meffigc Ihould
ba feat unto his Majefty, that it is now evident,
that divers Ships arc bound for Spain, and to defirc
a ftay of them.
His Majefty anfwered, ' That touching the faJii
* Ships he would confidcr of it, and fend them an
* Anfwer in due Time.'
After long Debate at the Committee for Religion,
itvras refolvcd by the whole Houlc, to declare their
Refolution in ihefe Words following, uiz.
* We the Commons, now in Parliament af-
* fcmblcd, do claim, profcfc, and avow for Truth
' the Scnfe of the Articles of Religion, which were
cflabWhed
^^^i©f E N'G L A *J D. 275
^- * *ftAli(hrf in Pariiathdit ih the Reign of our An.4. CBirl^I^
* We«Queeh Elizabeth^ Which by publick hOt of the *^***
• ^'©fiut'ch <bf Eftgiandy and by the gerteral and coh-
•^ current Expofition of the Writers of our Church,
• have been delivered to us 5 and we do rejed! the
^^ ftftfe bf the Jefuits and Arminians, wherein thdy
^ dHftPfroril lis/
y . :.L. -;:
'1Fhe094iM?tiAPoLo6Y for not paffingiheir BUI hf
*'" ?fcwrfe>f and Poundage^ and their Defin U /r«-
* ' 1X7*" ^^^^ '99\Mti thefe three Days received from j^''""i^' ^^^
^ W ybufMajcfty two Meffages^ putting us inn^andPou^-
* Mind of V^tfrpfeftnt entering upon theConfid^ra-agc»
•'^Koh'iAf ii' Grant of Tunnage and Poundage; biit
^ t^ lllahfter of pofleffing tiie Houfe therewkh be-
^*'ittg-d?&greeable to our Ordert and Privileges, fo
*thit we could not proceed therein; and finding
^ <iurfelves, in your Majefty'« Name, prefled in that
•' Bufinefs, and that we fhould give Frecerfettcjr
*'lhereuntoj we cjrmot but exprefe fomc fcrife oT
* fioftiiw, feariiTg left the moft hearty and forward
* AfFe6tions,' wherewith we defire td ferve ytour
* Majeft-/, are not clearly represented unto ypxx*
*' Beiides, fuch is the foUicitous Care we have ' of
^•'preferving ourfelves in youf Majefty*3 m6ft gra-
•' cictte ana good Opinion^ rtiat ft cannot but "brted
* tttucft trouble in us, whenever we find Outfelvcs
•*{ftd rtdw we are) mferCcd to fpcnd that Time in
* mafcmg our humble Apologies ffrom whemfeufu-
^ jM/'db'^rife long Debates) which we conceive
•'fnSg;ht Bevcry profitably imployed in the greater
* Services of your Majefty and the Commonwealth^
* '^hich;wc did with all Diligence apply ourfelves
* ojnioj and finding the extreme Dangers' where-
^ with our Religion is threatned, clearly prefenting
themfelvq? to our Thoughts and Confiderations, we
276 'the Tatliatnentary History
(il. «Tru[l, teturd our Proceeding?, until fomething
* be done to fecure us in tliis main [)oint, which wc
* prefer even above our Lives, and all earthly Thirgs
* whatfoevcr.
,,■"'' And here vvc do wiih all humble ThanLfuInefs
,*,;^cknowkdge your Majefty's moft pious Care apd
'• princely Intentions to Tupprtfs both Popery arid
.'^ Armijiiaiiifm ; the Proftflbrs of the one being open
VEn«n'cSi and the Maintainers of the' other the
• '•.'"We and mpre dangerous Underminers, of the
* true Religion of Almighty God, eft a bliflicd within
' your Realms and Dominions j the Truth of which
* our Holy Religion, or any part thereof, as being
* fufficiently known, and generally received of all
* the Members of our Church (except of fome Schif-
* matical Perfons, who have of late Years taken the
* boldnefs to broach their contrary and corrupt Offi*
* nions) we defire fliould not be called into doubt or
* queftion, Euthowfoever it hath pleafed yourMa-
* jelly (to our exceeding great Comfort) by many
' Teftimonies, to declare your own conftant Refo-
' lution to maintain the faid Religion ; yet how yodr
' gracious Purpufes are therein crofled, and to what
' amiferable Condition your whole Kingdom islik&-
' ly by that means to be reduced, we fball earneftly '
* endeavour (as that which doth moll nearly concnn
' the Safety and Profperity of your Majefty and PeO^
f , ble) in fuch fort to difcover, that the Ruin thereby
'* flircatoed unio both, may by God's Bleffing bepitr-
'"..vented, being moft heartily forry, that thofcOcca,-
*\ fions are offered which do thus hinder our Proceeds
, * .ipgs : And therefore as well for the Dignity and Nc-
..J.ceffity of the Matter, as for that we concave it to
,1^ the moft fpeedy and elFeftual way, by unilingof
'*.^ our Hearts and Endeavoun, to difpatch all other
* 'jBufinelTes of Importance (particularly ibofe which
,^'fcem more immediately to refpefl your Maje^'s
/.^lofiti) We pray that our Refoluiions of preferring
^ *^ilthis Bufincfs before all othcn may be acceptable to
_^'»j your Majefly, lo whom in both the Matter and
,^^,Silanner of our Proceedings we defire to give all pof-
,^_J'..fible Satisfaflion.'
Secretary
.Of E N G L A N D. 277
Secretary Cooke reported, * That himfelf, and the An. 4.ChirU!l*
reft of the Committee^ attended his Majefty upon '*^»'^«
Monday ; and he faid. For my part I have ufed all Di-
ligence to do all the Commands of my Mafter and of
ChisHpufO) and yet I find fome Exceptions have been
taken af fome Words by me ufed, when I delivered
the Bill of Tunnage and Poundage. Indeed I ufed
niany Aifguments in fpeaking of his Majefty c I faid
it miich concerned him, and that his Majefty much
deiires its but this was miftaken, as if his Majefty
had commanded it, and I required it in his Name,
which I did not intend but to avoid Difpute; and I
faid not, this was an ordinary Revenue, but that this
Tunnage was the means to enable his Majefty to fet
a Fleet t;o Sea. .
After he had made his own Apology, he read his
Majefty's Anfwer to the Commons Declaration, in
thcfe Words following, viz*
Gentlemen,
This Apology being fomewhat longj may hy rtafon The King'i An-
tbereof require fomeTime to reply unt9 it^fmce (as moji ^"^^^
Qfyou cannot but judge) that this giveth me no SatisfaC'-^
tion-^ therefore IJhall give you fome Jhort Notes tipon it.
I cannot think that^ where as you altedge that the
Bill of Tunnage and Poundage was brought in xigainft
the Privileges pfyour Houfe^ that you will offer to take
fo much Privilege from ruery me of your Members y ntft
to allow them the Liberty to bring in any Bill what fo^
tver^ tho* it be in your Power ^ when it is brought in^
to do with it what you think good, And I cannot ima»
grne jour coming together^ only by my Power ^ and t9
treat ^ things that I propound unto you^ can deny me
ihat Prerogative to recommend or cjfer any Bill unto
you I tho% in this particular^ I muji profefs^ that this
Bill was not to have been offered unto you in my Name^
as that Member of-^our lioufecan bear me witnefs*
As for the Caufe of Delay of my Bujinefs^ beinjgRi*
Ugiony there is none (f you Jhall have a greater Care
for the true Przferyation of it than myfelf\ which
fmce it is -^onf^i^^by y^uf, Anfwer^ .you muft, either
think I want Pmef' (which cannot be) of that
S3 M^^"^
"'
278 The Pariiamenfary HisTfikY
^Oiwlal. / OTn very HI Muvfilted^ if it ht info much Hanger ai
T/^y/ may fay muth of thh Psint,' I will fif'^
mere, thai for all this IJhatl net flop my Ears ig yifi
Upon tbii Suljea, fa that in Form and Matter ytu
irenfgreji noi yew Limits.
Jisfor Tunniige and Pm^tdage, I do net fi much Hi
dffre it ofGreedintfstfthf Thing, being ptrfuaded
thai yiu will make no great Hop in it, when yon once
take it in Hand, at out 'ofe Deftrt to put an End to
ihtfe^tftioni that do daily arifs between me and fink
ef my Suhjeiti ; thinking it a Jlrange thing, if yeu
Jbould give Ear to thofi ComptaitiU, and not to take
ibe fure and fpeedy way to decide them
Befidi-s, I mvft think itjirange, that this Bufittth
$f Religien Jbould be only a H'nJ ami of my Affairt'i
v.'hereas / am certainly infermeu, that all ether X^i)iffl
go deccrding to their srdinar'y Caurfe.
Therefore I mufl pll be inflant withysu, tba/jfA
proceed with this Biijinffs ofTwinageaadPanndagi
with Diligence, net looking to be denied in fa ji^ a
Hefire \ and you niuji not think it Jirange that if J
find you flack, 1 give ym fuch further ^ickning «
Jjbalifnd Caufe. ' '
^''- Hereupon Sir John Elliot flood up and ferd f Jftj
■* • Mr. Speaker, I confefs, this hath given grratStr
tisfafiion for prefent De fires and future Hopes j afld
Jiowfoever I find the Mifinterpretstion of fome, an3
the Danger of ReliEtion ; yec I find his Majelly's Ears
open, ajid if thefe Things be thus as we fee, that then
he is not rightly counfelled. I am confident wc fliaU
render his Majefty anAccountof whathe expciHleth:
But, Sir, I apprehend a DifFerenec between his MSt
jefty's Expreffion, and thofc of his Miniften.
* Firft, Sir, that Bill was here tendered in hS
Majefty's Name, and now we find his Majtfly dif-
aibws it, that he did it not. What wrfing is this done
to his Majefty and to this Houfe, to prefs Things in
his Sovereign's N^me, to the Prejudice and Diftfic-
Tion of us all ? I thiiilc him not worthy to fit in this
Houfe, Miv J
^^JTlicEiIlfuur Speeches ID lUiDeUle are onuttcd uif^rm'i
Of E N G L.A N D. ayg
Mr. Speaker. * This honourable Pcrfon did jCX- Aiu4,ciiayiesi
plain himfelf, that he did not prefs it in his Msuefty'si *^**'
Name, but pnly did comsnend it to yoiu^Conndcra-
tions.* <
Secretary Cooke. ^ I (aid^ .that in regard of tl^
Difference between his Majefty and hi& Sufcycc^ypiy
Define; was. ;q accommodate it/ ^
Si^ tpin^riy May, ' If je be too quick to.e%
Cept ^ainft the Minifters of his Majefty, that fcrvf
his. Majefty sind this Houle> it will difcoAirage and
^uxf our Mouths, whofe Service ye daily comfiiend^f
Feb. 3. Mr. Kirion. ' The two great f^^ Bi(hc»p^
named, are the main and great Roots of all tbofe
Evils, which are come upon us and our Religion;
let us inquire what Men tbey have preferred of this
Clergy, and fag w.'
Mr. Coriton. < The Declaration now read came
from his Majefty, but it is by the Advice of the
Clergy > and fure diey have not advifed him the righ|
Way, that there muft be no Difpute of Preachii^
o^e Way or other; this is to fupprefs the Truth:
And yet the contrary ProfefTors are preferred in the
Church, to the Gfief of all good Men*'
Sir Walter Earle^ ' Mountague is a principsd
Difturber of the Church ; He was a Batcbelor of
Divinity, t defire to know how he came to be a
B^op. Two 1\/Ien are named in the laft Remoa^
ftrance that are Privy Counfellors, and it is yeTjr
probable, that thofe Ecclefiafticcvl Officers did giye
th^t Advice to the Iting.'
Sir Humphry. May^ ^ I will teU you what I at^
privy ujoto in this Point : True it is^ theie two Mea
were named in the faid Remonftrance, and thi$
Point was before the King and his Council, and th^
Kong did utterly diflike fuch Niovelties; and then
tbefe two &ifhops being prefent, with Tears in.theif
Eyes, protefted they l»ted the Opinions and Quefti-
ons, and upon their Confeigon, on their Knees, they
ceoounced tbem« -, .
^ - (^) Mountagae ana (laudk
i
aSo TBi PnrtiamentBrylihTottY
brfnL Sir Jama Perrott. « It is fwid that thefc two
BiQwps were before the Council on their Kji«c»y an^
with Tears, did difdaim the Opinions : £ut wc'.fcc
their Fa&, Doctor Laud, BiJlio[) of Landotu, entti^
tstined for his houfhold Chaplain one — — ^— — ,
that did difpuie the Arnunian Points, who faid. What
'the Arminiani bold and write, he would maintain
and believe.' And this Sir yamei offered to juflify
upon Oath.
It was ordered, that the Complaint againft ^/ouM-
iagui (hould be taken iota Confideration^, and tha,ta
Committee (hould make fearch after Pardons graot-
ed to the Clergy. "
Feb. tf. A Petition was, at the firft Sitting, pre-
fcred againftDr. C'jfms.
Mr. Sherland made Report from the Committee
about the Search for Pardon?, that they had found
four Pardons fealed : Firft, to Moontague, the Second
to Dr. Cofim, the Third to Dr. Sibihsrpe, and the
Fourth to Dr. Marrwaring.
Sir Robert Philips. ' If ever there came here a
Bufmefs of the like Confequence, I have loft my
Memory : If ever King oi England was abufed In bis
Mercy, it is our King. What Perfons are pardoned?
even the greateft Enemies to the Church and State,
that were flanding under the Judgment of the Par-
liament, and thsy are pardoned between Parliaments:
If every Man be not warned to fearch this into the
Bottom, I would they were ; if we neglei5t this, we
regard nothing. You fee Offenders complained of,
Bnd inftcad of Punithment, Grace ; the Goodncfs of
our King is thus abufed. Let a feledl Committee
confider of it, and let the Attorney certify what is
done herein, and by whom, and I hope we fhall find
thofe original Inftruments which have mifled his Ma-
Saii-Comiiiiti-J'"^"
^ibootP«- It was ordered that a Sub-Committee (hall have
ns. Power to fend for the Records and Privy Seal, and
other Incidents belonging to the Pardons, and to
fend to the Parties, and to Mr. AitnTmy about
his knowledge herein, and by whofe InlVigation
I the
the Ffatrddn^ >;^erc obtained ; whidi'' wa»v:36rMi3ic- Ao,4,«Etijcrl.
cordinghr. ' •^. , ;.. j. - i«i8*
• Sar *ifer^ Philips made Report; Tba^he^elM;l• sJr Ro^rtPbi^
Mr. ^/I»r«f7, and fbimd him in tbe-St^hamhcf , dt^^JT
and acquainted faim with the Meflage. Wlv>raB^
Avet^dj That tie received a Commaaid from his Ma*>
jcftjr in the lait iongVacation, prefently aftec the End
ipf the hiftSefibns, todrawa Pardon ; which hcidelay*
ing till Michaelmas Term following, he met with the
Bifikip of ChicbtJUr^ who intimated unto him his
Majiftfty 's Pleafure, and required him to draw up the
Piardori-
And Mr. Attorney defired him to advifev whether
it would be any Advantage to him or no.
*' And afterwards Mr. Attorney told him, he met
with a Great Lord, a Privy Counfellor (the Earl of
'I>dffet) who afked him if the Pardon for the Bifliop
of Chichejier were drawn, and defired him to dif-
^tch it. . .
' After this Mr. Attorney faid, * The Lord Cheirltom
fent unto him a Warrant, under the King's Hand, to
ccmm^nd him to draw the Pardon, which he did ;
Md after it was drawn, the Bi(hopof ^/f^i&^^r
£ent to fee it, and interlined it : And whereas Mr.
Attorney had drawn the Pardon but for one, Moum-
tague put four in it, viz. himfeif, Cojlnsy Sibthorpe^
and Mahwarin^.
* Feb. 5 Secretary Cooie brought the King's Atv-
fwer concerning the Faft, viz.
That it was his Majejiy's Pleafure^ that the FaJ The King'j Aa-
be kepi by both Houfes rf Parliament on the eighteenth ^^""^^^^
:i>fljr of this Infant February j and for the wboU Ktng^
dam we Twentieth of yiL2iXz\i next.
^ • Feb: 6. The Houfe being informed by Petition informatian a-
againft one ^itherington, who had formerly b6«n ^"!J^i^J^'
jexamibed before the Lords of the Council for de-J5J^^P,o^J^J'*
f raving of out Religion; and had fince called theReiigo.). ^ <
roteftancs,' Hereticks, wiihing a hundred of thtir
lOTMroatS'Cut) and to one that had been aPapift, and
i^fP^M^jt tqlocnirta'ourJEstli^ he faid> He vould
282 The Parliamentary HisTOKY
Ad. *■ chirltil. be hanged, and otherwifc dilgraccd him,
i6j5. Whereupon itwas ordered he fliould be fent for.
The Houfe was likewife informed, .that Doiaor
Cejirts, (a little beforche had obtained his Pardon) waj
accured to Mr. yitiorniy by two Witnefles forfpeaic-
ing Words againft therCing: Whereupon it was or-
dered, that Mr. Jtlomty ftiould be fent to about it;
which was done accordingly.
Sir Rohert Pht'Iipi returned Mr. Aturmy'i Anfwer,
as foUoweth:
ViiK'^i-iThiitt Sir Robert Philips. • My Part is to give yon an
»X./s AnVw« Account about the Affidavits againft Cofms. Mr.,
uoceioiBgCi/ni. Atturncj faith, that one Mr. Heath of Grays-ttm
came to him about Micbadmas Term laft, and af-
firmed, that Cofms in a pubSick Meeting faid, that
the King had nothing to do to be Head of the Church,
and that he had no more Power for to excommuni-
cate any, than his Servants that rubb'd his Horfes
Heels.'
' The Attorney acquainted hisMajefty herewith,
which his Majefty was very unwilling to believe, that
he or any Man durft lay fo much ; but conceived that
the faid Complaint did arife from Malice : Yet he
charged the Attorney to make a careful Inquifidon
thereof, and if it were ftrongly probable, then he
Ihould repair to hisMajefty. After this Mr. .^/iuragr
did diligently enquire about the fame, and told Mr.
JiL'ath, that the Matter was found very improbable,
and there was certainly (omeMiilakein it. Where-
upon there were two Affidavits made, which did
fwear it point blank.
' Neverthclels Mr. Atiorniy fent his Letters to Mr.
Dsant and others that were prcfenE when the Words
were fpoken, to require them to certify, whether
fuch Words were fpoken or no.
' Upon their Certificate he found Varianc e about
thefe Words, and thereby the Eufinefs was leiTened.
And being demanded, if he had any DireSions to de-
ftft from the Suit intended in the Starchamber againft
C^fuut Heanfwered, No: But faid, that hecafually
meeting with the Biftiop of If'^inchejier-, told him of
tlip, I^d,giifme&. To which the Bifiwp ajjfwercd, it
- '," ' WiH
Of EN GLAND. 283
will be nothing; for Klng^ one of them that made An,4.Charlcti.
]the Afiidavit, is a Baggage-Fellow/ ^***
Sir John Elliot, * It is our Honour and Duty»
not to pafs over thcfc things too (lightly. I find the
King's Honour and R}ght too is tn queftion^ that
Kight which we ?rc fworn to maintain : If I miftake
not it is High-Trcafon, and thi^ was given upon
Oath, prefented by the Attorney to his Majefty, who
gave him Command to ^examine it, and then to cer-
tify his Majefty of it,
^ In ordinary Felonies the Law doth not allow an
Oath contrary to the Proceedings of the King > but
here agaihft two Affidavits a Letter muft dafh them
alL The Attoi*ney accjuamts the Bifliop ofpf^inche-
Jiir with it, who takes it to be but a Matter of Ma-
lice, I defire the Perfons that made the Affidavits
maybe fent for, and examined, and that Mr. Attor*
ney may anfwer the Matter why he paffed it over fo.
41ightly, confidering the Perfon of the Man in quef-
tlon, who wai not only fufpefled, but charged as
criminous, arid orie that is fo obito^ious.'
Whereupon it was ordered, that the Witnefles
-^uld be fent for.
But for Mr. Attormy it was made queftionable,
whether they could fend for him or no, becaufe he
did attend by Writ in the Upper Houfc. Whereupon
it was ordered, thit Intimation fhould be giveii to
Mr. Attorney to be there on Monday next, to give
Satisfaftion to the Houfe for his not Proceeding
^qgainft Gofms^ having fo good a -ground for it.
' FA. 7. Sir Daniel Norton informed the Houfe^
that one Dr. Moore attending the Bifliop of IFinche^
fter upon an Occafion, the Bilhop told him, that he
\oA oftentimes preached before King Janus againft
Popery, which was well liked of then, but now you
*muft not do fo. Whereupon the DoSor anfwered,
if bccafion fervtd, he would not fpare to do the like
-ftlli. To which the Bifhop replied, that the Times}
\^ere not the fame, and therefore you muft not do
^'^iiow* ^ .
;, Snf 'Ibihrtti^ -^qd, "^ 9y tlHS you xtisf gueCi
284 Tiiie P-ariia»etf^aryHiirov.Y
■■ ^.'Ctiula I. that tbU fiifhop had 3 Hand in fetdng up thafc Ce-
lemonjcs in Durham, and [hac he Itill bears gooi
Will towards (hem, labfjuring to make Durham and
IVinchtJIer fynonymoiu,
' This T^cSis upon his Majedy, as if his Ma-
jefly fbould diflilce thai Mtnlflers, in their Pleaching
Ihtjuld refel and repel Popery.'
Sir yuin £//((!( replied, 'In this iffieiiscontrafi-
ed all the Danger we fear i for he that procured
thofe Pardons may be the Author of thofe new Opi-
nions : And I doubt not but that his Majefty being
informed hereof, will leave him to the Juftice ofthts
Houfe J and I hope thofe Exhalations wil! not raifc
any Jeaioufy betwixt his Majefty and us. Lei ^
Doflor be fenifor to juftify it; which was done
cordingly.
Feb. g. A Petition was delivered in againft tbe
Cuftomers Patent of London, which was referred to
a Committee.
Mr. Speaker- delivered from Mr. Attorney a Nar-
'lation of his Proceedings in Cojim's Bufinefs.
Rtport from the ^'^ J"^" ^^^'oi reported from the Committee for
Commitwc re- Examination of the Merchants Bufmefs, how they
fating CO iht She- had found Sheriff ^(3 !!n in Variation and Contra-
M HI. jj^iy^ jn ],jg Examination; which being conceived
a Contempt to the Houfe, he defired he fhould be
fent for, toanfwer the fame at the Bar.
Mr. Goid-wii). ' The Sheriff acknow'edgeth his
Error, and humbly defired that he might once again
be recalled before (he Committee i and if he did not
then give them full Contentment by his Anfwer, he
would refer himfelf to the Wifdom and Juftice of
the Houfe.'
This Motion was ftrongly feconded by Secretary
Cooke, the Chancellor of the Duchy, Alderman
Msnfon-, Mr. Waller and others; bat in regard his
Abufe appeared to be fo grofs, and that he had fo
many times Liberty given him to recolleti his Me-
mory, and he being fo great an Officer in fo great a
City, he had all the Favour that could be, and yet
rejeilcd the faniCj and carried himfelf in a very fcorn-
fo! maimer. Where-
%
Of TL N-GI. A ND. 485
' Wherefore it was oriy^tA thit he; Ihould be fent Au. 4. chitlest
foras a Pelin(}uent, to.anfwer at the Bar the n(^t '^*^*
Morntrtg. • . '
Jones the Printer ^jl hisCounfci were called iit,
to argue ^r Bufinefi df Afouttf ague's f pifcopal Con-
firmation. ■ -
The Queftions were two :
^ Firft, Whether the Exceptions be legal ? ^o^^^'*'
* Stfoondly, Whether the Confirmation be gooJ?arguei,
T^e laft of Aefe is the Point touching wtidi the
Hotiie emoined the Counfel to fpeak.
The CJoonfel propofed a Third Qyeftion, What
would be the Fruit and EfFefl: thereof, if in Law the
Confirmation (hould prove void I In which the Coun-
fel {aid it would not extend to make him noBifhop
upon the point of Election, but upon the point of
Confirmation only, which makes him punifhable^ if
he execute any thing concerning the Bifiioprick. . .
Sir Henry Martin faid, * That the Exception
making void the Confirmation, doth in Law work
alfo upon theEIe&ion, and likewife make that void.
Dr. Steward (didy * The Point of fetting to the
Advocate's Hand is but Matter of Form of Court,
but no Matter of Law.*
Sir Henry Martin faid, ' That he would endea-
vour to give the Houfe full Satisfadlion ; and will
fpeak with Relation to the King's Right and Laws
of the Realm.
* The Proclamation at Common Law fliould not
be at Bow-GxuTch, but the Cathedral Church of the
Diocefs, where the Bifhop is to be eleded, and the
I)ean and Chapter and Clergy of the Diocefs are to
except, and not every one that will.
* The Arguments that might fall thereupon arc
endlefi, and to alter a Courfe fo long fettled need-
lefs; and I conceive it is plain, that the King and the
Law have Power to deprive him of his Bi&opricji:,
if ]ie deferve the fame: Therefore it. were good Co
decline this Difpute for the prefent, and to feek to •
remove him.* Which was allowed of.
"' /if*. Ibi A Bftlvjisprdfcrrecl fof the ordering of
jS6 The Parliamentary HiiTD-Rr
L
'oi- the Government of the Summtr-fjlands. And an*
thcr Eill was jwcferred to reftrain Abafea ift f '""
Iters and Magillrates.
eiat- Mr. Rsltscom^\a\aet\i, 'Thai finccthelaftCrtm-
^6^ plaint of the lireach of the Liberties of thia Houfe,
his Warehoufc was locked up fay one Majfey a Por-
fuivant. And that Yeftcrday he was called forth
from the Committee in the Ex*-hequer Chamber, and
ferved with a Subpeena to appearinthe Starchamfier.
And fince he received a Letter from Mr. Altorniy
that it was a Miftakc j the Sitbixena was read, birf
the Letter was not fuffered to be read.'
Sn Ribrrt Philips (si\6, ' You feewe are matie^
Subjeifi of Scorn and Contempt. 1 conceirt this to
be a Bone thrown in by them that feck to draw a
Cloud over our Religion, to divert or interrupt Ui
in the Prefervation of it. I defire the Meffenger
may be fent for, and examined by whofe Procure-
ment this Subpeena was taken forth : Ifthofc that
throw thefe Scorns upon us may go unqucftioned,
it is in vain to fit here.'
Sir Humphry May. ' This proceeds from ftwne
great Error, for I will affure you this never pro-
ceeded from King or Council. I therefore dcfire it
may be fearched to the Bottom, for be it confidered
that neither King nor Council have caft in this as'
abovcfiiid.'
Mr. Seldsn faid, * This is not to be rcckoneJas'
an Error; for queftionlcfs this is purpofely to afFront.
us, and our own Lenity is the Caufe of rfiis.
An Order, that Wewi'nf M«, the Meffenger tfcit
ferved the Subpeena, be prefently fent for, WrtC
Haufe i a Committee of fix are appointed to fee thtf'
Information in the Starchambcr, and to examine
the fame, and by whom the fame was put in ■ and'
they Oia!l Iiave Power to fend for Pctfons or Records
that may inform them.
[A general Order agreed on, That all the Com-
mittees that have Power to fend for Parties, ftall
have Power to command any of them as they (hall
think fit, to attend the Houfe at fuch Times aS they
think fit.
The
' Of E N G LAND. 287
The Privilege of the Merchants thtt are Planters An. 4. Chariest •
here, may be tiJcea intt> Confideration by this Com- ' * *
mittee, concerning the Information in Starchamber.
Sheriff Al^on called to the Bar^ as a Definquent,
upon his Knees> faith> < If he hath erred, it is through
want of Meknof y and Ignorance ; for he intended
not the leaft Diflik^ or Diftafte to any Member of
tbeHoufe.'
Mr. Long moved he might be fcnt to the Tower.
Sir Francis Stpnovr. * Thtt he may now be rc^
fbrred back to the Committee to be re-exammecf ;
if then he deal not dearly, this Hoafe may proceed
to further Punifliment.] (c)
Mr. SeU^. • I cannot retfiember when we did
conunit a Sheriff of London, but' I.Temember wherj
this Houfe committed both the SherifB of Lundan to
the Tfiwer^ for an Abufe of lefs nature ; only for
countenancing of -a Serjeant in an Arreft on a Mem-
ber of Parliament, though they tlid acknowledge
their Faults at the Bar, which- this Man hath not
yet done. The Serjeant was fent to £f/f/p-£tfyi; the
Party, at whofe Suit he was arretted, was commit*
ted to the Fleet, and both the Sheriffs to ^cTower.*
Mr. Kirton. * I came into this Houfe with as
good a Heett |p this Man as any Man ; for I was
Ipoken to flanafor htm as I came in. I promifed to'
do what favour I could j but if he were my Brother,
he fltould go to the Tower.'
Mr. Littleton. You fee the Affronts, by Books,
by Preaching, by Rumours, by being daily ferved
with Proceis that are put upon us, that we are be-
oonM but a mere Scarecrow : the Negled of our
Duty i^ the Caufe of this : It is high Time to remedy
this, or it is in vain to fit here.'
[The Sheriff was agam called to the Bar and was, The Sheriff of
on his Knees, ordered to the Tower.] London comm\t'
It is ordered, that fVorfman, Dawes ^ and Car- * * ^^*
imrthen arc to be at the Bar upon Friday next.
Feb. 1 1. Mr. SeUen reported concerning the Pro- Mr StUin\ Re-
oe(s of the Merchants, that Mr. Attorney gave Order por^ reUtiAgto
for the Ppoeeft, and that Mr. Attornefs Man took tonnage
(c) The PaiTagei in Crotchets ate QiDi\.te4 mCrew.
-aaS 1^ Parfiam^ary History
Aa-«XK(tiuI. br(h the lame - Tor the Kll ; it is for thde Thiogb' '
wtitch depciKl in Parliament, compkineil of ))cre bf
itie Meichanls. The Copy of the Bill br ought in &fi}l
readt Tliat the Merchant di4 plot, pra^k* and
combine a^aiiill the Peace of the Kingdom. , .^'<
This being a Burinefk incident to Tunnage sod
Poundage, is ordered to be deferred until the Mor-
rww Morning. .■,■!,)
Alfo, that Report be made then of the ExamilVi-
tionof the Complaints ot the Meichants ; And that
■he Information in the Exchequer Chamber nisy aN
fo be brought, which was likewife ordered, that in
refpeit the Term ends To-morrow, and the Ai&zet
to follow, and divers Members, that are Lawyersj
of this Houfe may be gone ; it is ordered that none
{ball go forth of Town, without the Leave of tha
Houfe. ;
Ordered alfo, that the Speaker's Letter fbailfas
fcnt for Sir Edward Coke. ..I
Pr«*rfingi of Mr. IVallir, at the Committee for Religion, Ae-i
fa^"™'"" ^''^"'^^ ^ Petition of the Bookfcllers and Printew
'*""'■ written againft Popery and Arminianifm, and the
centrary allowed of by the means oflheBiftop of
Lgnd'.n; and thit divers of them had been purfuivant-
cd for printing Orthodox Books ; and that licenftng
of Books, is now only retrained to the Bishop of
LendoH and his Chaplains.
One of the Printers faid. He tendered divcn-
Books; one called, The Goldtn&pur to the CtU/iiali
Race ; and that Turner, one of the Bifliop of L,ait^^
f/jn's Chaplains, faid. That if he would put out dK'
Point, that a Man may be certain of his Saivatiwi,-
lie would licenfc the fame ; and notwithftanding he .
put out that Point, yet he could not get the fante,
licenfed ; whereupon,
Mr. SeUm took Notice, ' That the refufing of
licenling Books is no Crime, but the licenftng of bat]
Books is a Crime ; or the tefufmg to licenfe BookB»
becaufe they are written affainft Popery or Armini-
anifm, is a Crime. Thare is no Law to prevent the
printing of any Book in England^ only a Decree in-
the Starchambcr: Therefore that a Man ftall be--'
' fmird
m
0/ ENGLAND 289
tntd and iin[)rironed, and his Goods taken from An.4.Cba
him, is a great Invafioii on the Liberty of the Sub- "'*■
jeft.'
Thereupon he moved a La* may be made in
this : This it referred to a fclc^ Commiitce to be
examined.
Sir Benjamin Rudyard. * There be divers Re-
cantations, SubmilTions, and Sentences remaining
on Record, in both Univerfities, flgaind Aimimaiiifm^
which may conduce to our end ; That the Spealcer's
Letter may be fcnt to the Chancellor for tbofe Re-
cords,' which was ordered.
Mr. Shirland reported concerning the Pardons, DebaMtonM
that thcy have examined Dr. Sibthsrp's and Ce/mi's '"^ PinJani
Pardons ; Sikhorpe foUieitcd his own Pardon, and *"''
faid, he would give it to the BiHiop of Ifflnchefier to
get the King's Hand to it. It is evident that the
Biflwp of mnchejier got the King's H^nd to Sib-
iherp's and Co/iiii's Pardons, and alfo A'Jauntagiie'i
Pardon was promifed by him ; Tliat Dr. Monwar-
ing (ollicitcd hie own Pardon, and the Bifhop o^
iyinchijier got the King's Hsnd to his Pardon. Ifc-jl
ia likewife faid that the Pardons were all drawn bjb
Mr. Aaorntyt before there was any Warrant. i
Mr. Ohver Cremweli fiid, * That he heard by re^
lalion from one Dr. Bisrd, that Dr. AiobUjitr haAi
preached Bat Popery at St. Paul's Croft j and that*'
the Bifliop of il'inche/iir (Dr. NAk) commandedi
liim, as he was his Diocelan, he ibould preach no< '
thing to the contrary. [He faid. That Atuntvaringf*
fo jufily cenl'ured fur his Sermons, in this Houfej;,
wai, by this Bifliop's Means, preferred to a ric^^
Living. If rhcfc are Steps to Church Ptefermcnts,
addt he, wlut may We noteXpe<5l?'] This istha_
firft Time thisextriiordinary Perfon makes any Ap^
pearance on our Stags of Aiftion.
Sir R<ib,!rt fhUipi faid. *One Dr. Merjhal vil'^ ^
relate as much faid to him by the Bifliup of If'in^'
(ktftiT^ as thcBifliop tid to Dr. AlabUftc,-:
'- Mr. KirlBH. ' That Dr. Alirjhal and Dr. Btaril
Iriay be fcnt for." And further (aid, ' This Bifhop,'
though he bath leaped through many Bifhop-
voi.. vm. r iK\w»
I
SUB
i
^^90 f^k'P4flittmattary Hrsi^oitv ■
.CluiUil.Bifliopricksi'.iJ, yet he hath left Popery b»^p4 hi*.
TTiat Cofms frequenting the Prinung-h^uC;, Jbpth
caufcd ilie Books of Common Prayer to be ncwiy
, printed, and hath changed tiie word Minijitr uit<t the
jword Priejl, and hath put out in anothei Place the
' Wotd£'/</?.ThusCo/iwandhisLordgohandinW¥l.'
,'-"; Sir Miles FUttuiaod, ' We are to give Ji^^^^n'
• ^{jfH''* hisQiargcandtby his Book, chargphifliw" " ™
' , Ilrft, Schifin in Error of Do^rine.
' f' . Secondly, Fashion in point of State.
",• Thirdly, IVIattcr of Aggravatioxu
Sir /ffl/wr £flWf feid,
':' ^i cokr alhus trat nunc eft contrartiii *^i-_Att
"Dr. fi'Tfite hath fold his Orthodox Books, and ftottgfct
Jefuits Books, therefore let ff^hiie go Arm in Arm
with Mtuntague.
Sityolm Elliot made Report from the Committee,
iu the Examination of the Complaint of the Met-
chanu ; and delivered in the Orders and Injun^tiona
ill the Exchequer i and faid, ' That the Merchants
are not only kept from thtir Goods by the Cullo-
itaers , but by pretended Juftice in a Court of Juf-
tice, the Exchequer. I conceive, if the Judges of
that Court had their Undcrftanding inlightcned of
their Error by this Houfe, they would reform the
fame, and the Merchants thereby fuddcnly come by
their Goods.
Ordered, a fele^ Committee to be named to Ai-
geli ihcfe Things tiiat have been already agitated,
concerning Innovation of Religion, tbeCaufe of the
Innovation, and the Remedy.
Fih. 12. The Sheriff of Z.("i</a«, upon his Subinllr
Hon at the Bar, is releafcd from his Imprifonmcttt^
theTstver. '*"
At aGrand Committee forTunnagcandPoia
,^ age, -Mr. Shertarid in the Quir, Mr. lyaltcr J'
rniog ^^rcd a Petition from Chamben^ Foulhs, and ,C
k1 Hume, in Complaint of an Information aralnft th!
in the Slarchamber about Tunnagc and Poi|n('
*aiii'ttiat, Kj- *e Rertraiht of their GobdS, riiej are Ar, *.ciii
^'^eety to be umkine. ""''
vi*"Mf. IfandffforticoTKxheth this to be a difEcult
"'Way for us to go in,
■'** ■ Mr. CirltBn. ' Let it be done which way the
■ tttoufcflial! think: fit : Butlconcciwe it fit theMer-
'tfKaiits ftieuid have their Goods, before we can think
of the Bill. Kings ought not, by the Law of God,
thus to opprefs their Suhjefls. J know we liavca
good King, and this is the Advice of his wicked Mi-
iiiftcrs i but there is nothing can be more didionout-
xble unto liim/
Mr. Siravjde. That it may be voted rfiat the
Merchants may have their Goods, before we enter
m ifae Bill.
Sir Humphrey May (t). ' I ihail (peak my Opi-
nion, becaufe I know not whether I (hall have Liberty
to fpcak, or you to hear any more. All the Pro-
ceedings of the King and his Minifters was to keep
the Queftion fafe, until this fioufe fllould meer, aiid
you {haii find the Proceeding of the Exchequer very
legal ; and thus mtidi, not knowing whether 1 Qiali
attain Liberty to fpeak here again.'
Sir Themas Edmundi (c). * There is none hete
but would think it a hard Thing that a FufTellit^
flwuld betalKn from us, without any Oitler for S*-
cjueftraiion ^ that therefiare it was not to be fufferei
that Ihefe few Men fhould fo unjuflly difturb tfw
Govemtilent of the State : Defires that there m^
be no lirterruidion, but We may proceed to fcttfc
thcl'unnage.' ''
Mr. Conmt. * I hope we may fpeak here, ^.
we may l]«ak in Heaven; and do our Duties, and
^U^^not Fau divert us.'
■'' flilr. IVoUcr. ' It is not fo few as five hundred
Merdums^rethrcatned inrtiis."
- Sir Reiitrt PMilps movtth, * That WC may go to
tbc KfDg, and faiisfy him of thcfe Interruptions.
' Mr. A'«j, » We caiinor fafely ;^ive, unlelii we be
in.".Po(n.-ffion, i and the Proceeding in the E;ichequer
iwfli^d, alfo the Informations in the Staichainpcr,
li}C.b»CKe\iM of cli( Ducbr. frj'T'rciI'urcrBf ihc Haafrt\i'V4.
• • V
iirUIl
«^ JR i^arlldftiiiifafjf Vtis-filkv
rftlesVuid Hk Annexations to the Petition of Right.'
will not give my Voice, neither will I pvt', liril
thefe Interruptions be declared in the Bill', Thff/il
Kin^hathxo Right, but our free Gip. Ifitwip
not be accepted, as it is fit for us to givi it,"' fl^
cannot help it : If it be rhe King'i already, as by
their new Records it feemeih to be, we need ilot
give it. ' ■
' Mr. Stiden fecondi the Motion of fending A
Meflage to the Exchetjucr ; dcclareth a Precedent of
a Melfege fcnt into the Chancery, for flay of Pro-
ceedings in a Caufe ^ and it was obeyed. And what
Anfwcr foever the Judges return, it cannot preju-
dice us: The Law fpeaks by the Records; and if
thefe Records remain, it will, to PoQenty, explain
the Law.'
Mr. L'mietsn. * For the Point of Right, there
is no Lawyer fo ignorant to conceive it, nor Judge
of the Land to affirm' it ; is againft giving to the
King, or going on with the Bill. In this Cafe, by
the Law, a Man cannot be put to a Petition of
Right, but fhail recover without Petition.'
A Mrffjgi fcni Ordered, a Meflage flialj be fent to the Court of
*"'''^^"*'"l'"' Exchequer, That whereas certain Goods of the
ereupoB. Merchants have been flayed by Injunction from that
Court, by a falfe AiEdavit ; and that, upon Exa-
mination, the Cuflomers that made the Affidavit
have confeficd, that the Goods were only flayed for
Duties contained in the Book of Rates; that there-
fore that Court would make void the Orders and
Affidavits in this Bufmefs.
Pditioa tpmft ^'^- '3- A Petition againfl one Burgefi, a Prlefi,
Miit'l< for Mir- who was here complained of the laft Seffion, cOn-
' talning fome new Articles againft him, viz. That
be reported that he could not get a Copy of his Ar-
licics out of the Houfe, until he had gotten.one to
counterfeit himfelf a Puritan to get the fame, and
other new Mifd^meanots. He is ordered to be fcnt
for.
The Motion of Sir yebji ElUst concerning ihe
Privilege oTMcfchantl.
Order
^^^^H
.^.|:jU,G-.I. A.N D. E93
i Qfier », that a.MaB having a PIaint'tlep9ndiDgAn>4\CK*ri
J}i,8rc, ftail be privileged in his Perfon, not freed ''"'*'
^om Suits.
.A Commiitee is to confidcr, what Privilege is to
Ijc allowed any Man that hath any Caufe depending
here. ]n the mean time. Intimation Hiall be given
to the Lord Keeper, liut no Attachment ihall go
forth againil the Merchants.
Sir Humphry May reported the Meflagc (o the
KXchef|ucr Court, * That the Treafurer and Barom
will furthwilh lake the Tame into Conlidctation,
and remrci an Anfwer.'
"' Ordered, that Secretary Caeie fhall take Care,
that Intimation be given to the City about the Faft.
Df , Aleort called in, faith, ' That he was referred
to the Bifhop of lyincht/ltr, to be cenfured for a
Sermon preached by him. The Bilhop faid, * That
he ,had heard him deliver many pretty PatTuges
againft the Papifts, which j^eafed King Jmnts well,
but he mull not do fo now : That he had a Brother
that preached againft bowing at the Namcofy^j,
and bowing at the High Altar, which \k liked not ;
and that tli; Com ni union-Table flood as in an Al** ^•,
houfe, but he would have them to be fet as High ;
. Altars. Ue. Maere is to deliver thef<j Things, in
/^riting, To-morrow Morning
. , At the Commiitee fof Religion, Mr. P>'m in the
Chalr,-Sir-ffW/fr£rtr/e faid, ' If wefpeak notnow,
.we:iiia^ .for .ever hold our Peace j when, befdesthe
, iQueen's Mais, there are two other MalTes daily in
the Queen's Court ; fo tliat it is grown common
with the out-facing Jtfuits, and common in Dif-
.tpusfc, lf''iU yeuge la Mafs^ orheveyau becnot Alaj's
.ij(.Somerf(!t-houre f there coming five hundred at a
.'Tinie from Mafs- Defires it may be known by what
WartYiiii, the Jtfuits, lately in Newgatif were re-
;%'rcd.- ■
','•. iAi.' Carltan faid, < He doubt* not but his Ma-
'jefty'slnteiiliort was good, in the Declaration, late!/
' p'u1)liflii.-d i but he conceivcth it will be made ufc of
[£idy to our DilaJvaniage. He defireth therefore the
'' iJedaiatUui may be taken into feriousCunfidcration.
.,-r '^ I ' S.tt
wP
I
804 *^^ ParUamentary HisTOjiV
'• , Sir RithariiGrofvaw rqiortB the Proci
J. this Houfe Bgainfl Popery, die laft Seffion.,
"what Fruits !ijve iollow'd thereof fince, as foliovi'341
*" Intliisgrnat iJulincls conceriiiog Religion^ aftd
dift A^y of Execution af tbc Laws againd Recufann^i
it will much conduce to ourPurpore, and forwanb
Ot^r RclblutioiiK, to caft back our Lyes to whu win[
done the I;i{l ScDion. You maj' remember^ thsu^
atoongll otbcrBufineSuofWeighttWc then cook tj»
Heart the Decay of Religion ( we fought after tMo
Prefeivation thereof, arid how to maintaiti it in in
own Purity, . (j|
' We find that, of ialc Years, it had been raitdir
wounded by heartening of Papilts, by conferring
Offices upon Recufants. i^
* We fummon'd our Judgments, and employ'O'
Bur heft Cares and Pains for flopping the Currentaft'
Popery ; which by fuch Means, like a Deluge, came
flowing in upon us. : )
* And well did it beiit the Piety of this HouiM
to be fo zealous for tlic Profperity of th^t, wl^(^^
ought to be To precious to every good Man's Soui^jtf
and lb dear in their Eyes.
' This we attempted by thefe and the like Stepft/^
* Firji, By that Religious Petition, wherein ^
pleafed the Lords fo readily to join with us. ; to
' Setwdly, By framing a Bill againfl Recufantt^
which pafled both Houfes ; whereby his MajeAf .
had been much enriched, better enabled to corapa&f
\iis Dues from them, and to avoid their DcceitE il
defrauding him thereof. >i 7
* Thirdlyy By informing him of the Numbcn
)nd Particulars \ and by pctitioniug him to remove
all Papifts and Popifhly afFcclcd People from the
Court, from Places of Trufl, and from Places of
Powrcr.
* Fourthly, By examining the Dangere ajid In-
convenicnciesof thefe late Commiflions and Inftruc- '
tions granted forth, for the compounding with Re
cufants for their Kftatcs and Forfeitures,
* Fifthly, By framing a Charge to uftier up My,:i
Maunlague to (he Lords } not to his Scat amongftr'
the
the-H
ft'Keftrend Society^ofBifhops, buttotha Bar; as Ju^i
an Oifendcr againft tli^t Hou^^i this Houfej snd
the whole Church of God.
' • But what Good hath our Zca! hrought to Re-
li^ou, what ftofit to the Church t W« all krtow,
and with Thankfulne^ acknowledge, rhat bis Ma-
jt&y gave a moil pious and gracious A'^fwer to our
Petition, aodtofome Particulars, as fully as wecou^(^
derire; which raifed our Hopes to the Expcilation
of much (jood, and fome hath follow'd.
. * KoT it is true that the promiftd PFOclamatioh'
to command Judges, and other Minifters of JufticB,'
to put the Laws in Execution againft Rccufants,
their Pricfts and Jefuits, is now extant; which yW I
Teems, to me, tq have been long kept by fohic back—
Friends ta Religion { and I am indticM to tdin^
thus for ihefe Keafona, vix. • '■
* My firft Reafbn I draw from common FamS'l'
It being generally reported, that inftcad of Life an4
Motion to the I--aws in force againft Recufants, the
Judges had in Charge, before ihe laft Circuit, ttf '
^eal rparingly with them.
' My feCMid Reafon I draw from the Tim*-
wben this Proclamation came forth j which was
fii>e Weeks after the End of the Scffion, when (omt
of the Circuits were ended, or foneara Conciufion^l
that the Judges could uke little or no Notice thereof.
* And, Thirdly, from Confidcration of a forrtier"
Proclamation, dated the 7th of yufy, which tho' it'l
pais'd not the Seal, yet it did the Prefs ; and, in m^'^ '
|wor Opinion, would never have gone fo far (know*^.
ii^thc Refolution of Council to be more certaiif)
hui not fume Men hop'd to prevent the latter Itft
prQCurement of the former as SatisfsSion ; whicf)!!
ftdb fliort of his Majefty's pious Intentions, exprciF- 1
ed in that his Religious Anfwer : And, if wiih reve-'i
rence, 1 may fpcak my humble Thoughts, thty dt>
both of theoi', in die Conclufion, too much encoif ^r
ragR-the wofft of Subje6b to hope for hia Majefty'tn
beft Favour itoofairly inviting therrf to compound fob )
ttieft Forfcrtui-es; n^ich Courfe this Houie was bolt!
toittde liHie Ids than a Toleration. ' ■ . :^ zAJ.
-'. T 4 • A^-R,
f^f?
^^ T£i ParMameaiary'Hisrvir
A*k4>cfct(l(*i, . • Again, I> the Goncourfe of Rccufiints-Ju.jaf
^'**' jvtraincd from the Court f Nay, do ihcy , not iincc
our RecdV frecjueiit it with mars CoofitlcnoE wid
_ gftatcr Alacrity? IJu not their Hopes dulvincrai&t
^^ and thcralclves grow more iiifoicnt.' Thcii IPaOa
^^M 9ie ended with the Scffion,
^V ' Fftirihly, Is the promired Watch aa yet ajt-
pointed to keep them from Ambanadon Honfo?
'Had the Judges in Charge to infoinithcmfclves in
their laft Circuiw, and, after their Return, to ccrti-
-fjr bis Majcfty of aU fuch Papilb and Popiflily-af-
f eflcfJ Pcrfons as they ftiould find to be in Authotity^
I have not lieard it, and to me ihofe are all tt)c
linown tffeiSs of that Religious Petition. > i
* Fifthly, Next take we Notice of the Abortion
of that qeccfTary Bill agajnll Recu&nti } which,
whcnwehopeditwould have received Life and P«-
fe^ion by the R,oyal AlVent, periOied in Embryo,
Suddenly vanJUied, as being too cruel and too im-
merciful.
' Sixthly^and kftly, Confidcring what Fruit wc
have reaped from that Petition and Infarmatioiit
whereby wc let his Majefty know the Particulars of
fuch Papills and Popifhiy - affected , as were in each
County ill Commiflion of the Peace, of Lieutenan-
cy, &c. Are any of them fmce removed ,' No, tc
is well if tlieir Numbers he not increafed,
* Oh ! Mr,/"?™, this breaks the Hearts of all ; for
if Gfid he God, lei us follow him ; and if Baal be
Goiii 1^' iJs follow him ; and no longer halt between
two Opinions : For whillt we are thus cardefs in
fianding for Godi that we dare Icarce acknowledge
our own Religion, is it any marvel that God e-
ftrangcth iiimfdf from us, and will not own us, as
by too wofu) Eitperience wc have Caufe to fufpe£t ?
Since, we find, Jie goeth not forth with our Aniiies»
.fmce (a ill Succcfs attends all our Anions, and wc
iiaVe not yet made ogr Peace with him.
' And to tjiefe Griefs and Difcouragements, I
£nd aji Addition of xbat Nature, that threatens the
«r:y Ruin and Defolation of us, if notDiiTuIutionof
i^Eeltgion in this (^nd, jf God himfclf taj^e Docbia
. '. ■ own
cnraOmfa inter htr Hand i —And that is diC'Catin-AK4>CIiMl
lenancing and preierring of a plotting, undermining, **^*
and dangerous Se£t of-upfiart Divines; when Ar-
imWffXjJhidl^be graced and prafetred betbre Itoncfter
Men ; when fiickdefperaic Divines, as have tireda
part of Chri/leidotn^ aimoft ruined out Ncighboun,
fcifldled their Firebrands, and call ibeir dangerous
ijparks abroad in our Church,' Hiall be encouraged ^^h
to go on in planiirt^ their damnable Dodtrineii and ^^H
Fropofitionj ; which, already, have taken deep ^^H
looting in ouc Univcrfities, and many other Parts ^^H
of this Land. ^^H
'. ^ You r«nembcF, Sir, what Care and Pains tMs ^^H
Houfc took (as aManer ofgreat Conrequence)'ta ^^|
frame a Charge agaiall Muuntague; which was ^^H
ready, with the tirft Opportunity, Xo have tranlinit-^ ^^H
led him to the Lords ; but thefe many Intemipti- ^^H
ORB we have had, have given backing to chat, as wdl ^^H
9& to many other Bufinelies of Weight : Yet was ^^H
ihi^ Man, flioitly after the ending of [lie ScOion, ^^|
digniiied with the lacrcd Title of a Bilhop; anJ ^^H
Biihop of that See, wherein his Predcccilbr (a grave ^^H
and orthodox Prelate) had labour'd . both by his Peii ^^|
and Doctrine to ftrangle thofe Errors, and to con- ^^H
fute Mr. Aiouniagut ; as if the very ready Way to ^^H
obtain a Bifltoprick now, were to undermine Keli- ^^H
gion, and to fet the Church in CombuAion. ^^H
* Another alfo of his own Profeflian, little bct> ^^H
ter than htmfetf, I mean Timc-pkafing Manzuaringt ^^H
bath alfo tailed extraordinary Favour. This M^ ^^H
attempted to make his Huty Fundion a Mcan& ta ^^H
(edgce the King's Confcience, to mifgnide his Judge- ^^H
■nent, to disjoint his AHt:<^ion from his Pct^e, m ^^|
avert his Mtad from calling of Parliamenta ; the ^^|
Particularsof his damned Doctrines arc yet frefh in ^^|
OuC'Memory. What could a Man have done ^^|
-^cxfei For thereby he did, as much as in him lay, ^^M
violently to brenlc ui piece'* thdt Cord, to wrefl in ^^|
ftjnder that Chain, which links, ties, and unites the ^^H
Hearts and Additions of the Prince and People tOr ^^H
gcther. Verily^ they that iliall go about thus to {»■• ^^H
tlucc ortorrupt a Piincc, dd'crvc to be hatc4 ofiJl
«9& T&r^^li^mintar^ Hist oHY
I.C%>ricil.Mea; x much at thofc thai attempt to poifon-Aj
>t*t' puUidc .Spring or Fountain whercofiil drink. Fori
which Offence of hi% he received ajuft, but maf
derate Cenliire. ■ OnePaniculai was.thlt hcQiOuM
be dilabled for ever holding any Kcclefiafiical Dtg'>
nity in the Church : And aliho' it be confeffcd, (hat
tbc Doctor juAly biaught upon himfcll' ckcCcnfure
of Parliament i yet was this Man alfo, imnaedtately
after our Riling, releafcd from his Imprifonmcnt ;
reported to have the Honour to kifs the King*!
Hand i obtained his Pardon in Folio ; was preler'd
to a rich Living; and {if fome fay true) chcxiOietll
afiured Hopci of Dignity in the Church.
* Ifthefe he Steps to Church Preferments, God
be merciful to thofc Churches, which ftiail fall undci
the Government and i ceding of fuch a Clei^y.
* Thus, Mr, Pj'W, you fee the Ifiuc of our good
Endeavours vanish into Smoak : Whatfhould be th*r
Rcafons, I Icnow not { but I niay well gueft it comea .<
by the like Practices that were ufcd in King J^me/i
Time; for then wc had the like gracious Anfwert',
^ Petitions of Religion, the like Proclamations, th«
like DcclaratiorB, the like Command to put Laws
to Execution againfl Recufants, and yet liitie doiK j
being prevented by the fecrctDitt^ionsandCom-;
mands of fome eminent Minilters of State, which I
am able to joftify by a Letter under their Hands,
which I have now about me ; and I wifh that all
Cich as have Notice of any fuch private Letters, H :
hav« been fent for the ftay of Execution of tbolb
Laws, wouldgive this Houfe Notice tliereof.' ■ i
Sir Roieri PhiJipi. ' If ever there were a Nc-
ecllity of dealing plainly and freely, now is die
Time i there is an AdmiJfiou of Papifts and Jefuits,
as if it were in Spain and Fronce. ■■■■ a
This lucreafe of Papilh is by Connivance of Pew.f
{ans that be in Authority; nine hundred and fortjTHj
Pcrfons in Houfes of" Religion being Papifts, ofifw^ 1
gli^, Sean, and frijh in the Nttbtrlands, maintain-'
cd by tbePapiftsof Js^/wii: And of this I fhall d«-
liver the Particulars, that we may frame a Remon-
(Itancc to the King, that uiilef* there be foitw k "'
«t
IS:' i^
«r PerfoimaflC«^PBI'iH(l!l^,ft ftiaiiy Anfweh Ab,(.c1i*i*
to Our Petitions, our Religion will be paft Reco* '***'
very.'
Mr. Curiton. * That tliefe Papifts, by Laws ot
A£b of State, may be fcinovetl from tlicir Offices^
which we have juft Caufe to Ajlpe<5t.'
Mr. Stldtn movetJi, * That theft: Thifigs may be
dcliaecd in Order; and firft, forreieafmg thejeiiiits
tliat were arraigned at tfnvgatf, whereof one wat
oomlenined: They were (en in Number, which'
were Priefts* who had a College here in Ltnjeti
^Wtit Cltricnwell : and thofe Men could not attempt '
thefe A<£ls of Boldnefs, hut that they have great ■
Countenance.
Secretary Cwie replied, ' That a Miniftcr of'
State had Notice of thofe Ten, and this College "
intended to be kept at Clericiivjell \ that ic is plain .
there WAS a Pbce appointed for this College, and
Orders ajid Relicks prepared.
* The Minister made the King acquainted with
it; and 1 fhould not do my Duty, if I did not de-
clare how much his M.ijefly was affefled with it.
His Majefty referred it to the fpecia! Care of the
Lords of the Council; who examining the fame,
fent thofe ten Perfons to Nnvgaie^ and gave Order
to Mr. /Itt»rniy to profecute the Laws againft them:
That this College was firft at Edmantoti, removed
thence to CambeiiutH-, and from thence to Clerim-
wtii:
An Order, That ail the Knights and BurgclTes of ,
this Houfe (hould, to-morrow Morning, declare
their Knowledge, what Letts or Hindrances have
bcei to ftay tlie Proceedings againft Recufants, ""'
Mr. Long, a Juftice of Peace, who is faid to \iri- '
derftand much in this Bufmefs of the Ctollfge of ' '
Jefuils, fent for and examined, faith, ' That, by
tbf appointment of Mr. Stcrctary Cs^kc, he sppre- ;J
hended tUcfe Perfons, and took their Examinations; • i
«nd faiH^ further, Tbit he heart! they wcie deli- i
vered out ot Nnvgate, byOrder fromMr, Jttfnrf. "*_
* 'I'hat Mr. MiMfmore, a general Solicitor for _,'
-Papifts, hired this Moufc for the Lord ShrnKJhury x
3po Ttt Piiriiaaie^tai^llti-pfiK.Y
^4'Cb'cl(|Lpapifi; and that tbere were.diveti Boolu p^A/Cf
"* ' compti, of Receipts and DUbuiiemcnts ta the Valg«
of 300'- fc Jin. with divers Rccufants Ifamvs,
who allowed towards ihc Maintenaocc ot chis Col-
lege i »itd cticic £aok& and P4pcr& arc iu the Hani:
of Mr. Secretary Cetie.'
Secrtitar^ Caeit faith, ' He cannot (o amply de-
clvc the Trucli of the Proceeding beicio, uiiul Jx
have leave from his Majefty.
Cr'/ii K Purliilvant, w^i examined inthis,^«vip
faith likcwifd he can difcovcr many and di/^
Stoppages of tti? £xecution.of tbcLawsa^aiiift B4-
cyfants.' .. . . ■,.
Cempliinti. F'^- '4- AC«mpIaiiit Was fna^e a^inll the Lord
maCtijisi Lamitrly aBaron oi IrtlanJy and aMemlier oribii
♦■•■*"'* Houfe, who being a Colonel of Soldiers in MidiJUr-
/exy hath impofed Four-pence upon every Soldier
towards his Officers Charges; and the Petitioner ro-
iuCmg to pay, was hrfl fet in the Stocks, and alter,
by the Lord Lambert, committed to a publick Prifoa.
Ordered, that the Lord Lamifft Ihall be fent for,
to anfwer this.
Sir John Ipprj defireth leave to aiifwer a Com-
C^mmon" * .p- ?'=''■'* ^^inft him in the Higher Houfe.
rorinj lo an- Mt. &tlden hcrcupoii, ' That (lie Ufe was, znA
!^f '*'"« '*>= cileth Precedents, Thai no Commoner ihould be
***"" called to the Higher lioufe, but it will trench upon.
and Uifadviinijgc the Privilege of this Houfci and,
until the i8" of ICing JamtSy there was never a
Precedent to the contrary; tliat this therefoiic av^
,be confiderqd of by a fclect Committee.- . ., -,,.
Ordered , that Si r "Jahn Ipjlty fliould not \ay^)g3^
to anfwer to the Lords Houfe. . . .,, ...
^ Mr. Ghanteilitr of the PucJ>y ftifly fccuildcd the
^otipn ol' Mr. StldcH. ' [^
^ Secretary Ce^kt did, 'I am as careful to maintun
a. good Correfpondency with the Lords, as ai^y
^an ; but Connivancy in [his kind may overdufpw
^e fundamental Rights and Liberties of this HcmIb :
!!^et itj therefore, be iVrioufly conlidcr^ of, for this
■ * . . . "*
*'^.l
""G^urf-afExche^ui^^bting thi Court f%r ordering t^jhe-
^n^f Rtvtnut^V^'^ thtfr Ordm and 1rijun£f ions
. j^ ihitfe Suits -^ imd ^i fiilfy dickri, by thi fsH
' Prdif*!," T/jtti iht <hMtri^ ifWey anceived thmfehM
30i; wt'ingi
»
tifc'ftyVthfc Wfiple CSmmbriWealtfi? - •'^ ■ ■ - ^ ^ '^•'
^^H!MtTeA^ '• that a facial felcSt Cottut^t fliaU be
abppifttcd to confer of 't^^^
- -Nt^ CbdncdUrtHtitlhcSy iffivcMk ah Anftiir,
in Writings from the Lord Treafurdr, Chancellor,
aMdBairbhs of'^-Ex^qucfr, to \ht Mi^ftage fent
ifieni by the Hodfe bf Onnincto*
WTffB Je EjfS tb/WwourahU ftouficf Commons,, J^^]^^"^^^
'tV fy Order oftheii^^ of this tn/fant'¥thv\x-]/xht^±t^
ikfs 'l^tveiippvtntiil-ihfftNoticig JbouUbe giiik iiibt quer, concfniii
Lord Treafitrtr, Cbancelhr^ and Barons of the 'B^-J^J^'^
chequer, of a Doclaration made by Sir John Wolften-
%6imd^ Abnifidm Daw^ ' <7»i Richard Cannar- » ■ ■■
W^nli^ isi*ihi fafd Houfe' of Commons^ of the Geods
lite the Merchants brought into the Kin^s Storehoufe^
'tM'Idiit^ there for hii Majeftfs Vfiy weridetdinm
«?, 'kt they conceive, only for the Ditty ofTunriage
dfidPouftdage, and other Sums comprifid in the Book
if Rates; which Notice was given, to the End the
faid Court of Exchequer might further proceed therein^
as tet fuflice fhould appertain :
Now, the Lord Treafurer, Chancellor, and Bar-'
ens, out oftbiir due RefpeSi io that Hmsourable Houfe^
mid for their Satisfa^ion, dofgnify, that by the Or^
'derf and Tnyunlfimts of the faid Court of Exchequer^
tbiy did not determine^ nor ary ways trench upon thf
^ight of Tumage and Poundage ; andfo they declare
td ^openly y in the Court at the making of thofe Orders :
yi<kifher dtdthe^j by the faid Orders and InjunSfionSy
bar the Owners -ofihefe Goods to fue for the fame in^
^OrtewfislCmrfe. Bat whereas the Jaid Owmrs en^
dfovoured to take thofe Goods out of the King's aSual
^Popffimt,hy Writs or Plaints of Replevin, which
was no lawful A^ionor Courfe ifjht King's Caufe,
r ■ ^—
•■^ii -. .'■ SisMd|;:i * ■):;:.•:■ njiiii./'--' t. .■.*.;; , ■tt^t^>>A
,v. .. . fi^fftHi-WAAtoM 'Iriieifimp^oj 'run) V'
John DfiNHiiMv^ ' - *; J ■ j 'y/;ii >9ri5
Tho. TuEvoit^ >Baron5. »:>:*,:."
Geo. Vjbrmon, -T'. \ :w .vorpt
. Thisbeiiig read^ Mr. JCn^ir iui^ ^.l«^fh»&knl
ios Satisfadlion, but now we .fee a Juftiiicaikk' tf
* tbe'ir. A£Uon9. I therefore de&re wr may prooscd to
coniidcr of their Proceedings, and svfaether evtv:|te
Court offxcbsquer held tbisCourie before MH^tlfr
i^ of Replevins, and whether this bath beeiydoM
by the Regal Prerogative of the King, or the Oouvt
•f fixqhequer/ » "
Ordered, That a Seleft Committee of the JLmm
yers, Exchequei^Men, ihall take this into llrir
Confideration. ' ^.
Mr. Selden (aid, « We have delayed the PitH
ceedings with the Cuftomers, cxpedingfome good
Succeis from the Exchequer ; but finding it *od«^
wife, I defire the Cuftomers may be caSed to tto
Uar onMonday next ; which was ordered*
^nthmtaiUch- Sir Tbomas Hil^ reported, < That he and tbereft
Yl ^''^p ' T ^^t were appoint^ fos the Service concerning'tbe
pii2*r ""^ Priefts, had examined the Keeper of NtwgaUi wlw
cpiifcfled, the Firft i^ Deamber he received ten Pric^i
fpucrs, fufpeSbod to be Priefls^ and .fiiid,. TlM at!^
tbt^tSriTions the Third of Dtamber laft,^thMi:«»
them were iiidi&ed for Priefts; and oneoflheitf)
coiid^mned^ that was afterwards reprieved; andj^KX
Night t>cf ore the Execution, Mr. Recwriit^ idax tfl
'W«airant to ftay Execution, which waid feconded^taM
a:^ Warrant fnm tlie Lord Chief Juftice H^ a AU'
the reft did ^rctiife the* Oath of AUegianoe', wifi'Vh
vwis i^rdered) that they ihooU bek^t dU cbs heiiri
Se$Hius% i .-...>..• ' •/'..' •<: .:\\\v\i\
_.._*Tb8.Eari Bf,iiwy7tfe«t Word to the Keeper,*"'*'
Hat his Adaj^Jly"! PUafure was, they Jhould be df
Svertd; and a Warrant came fr«n Mf. /fttsnuy,
to brtng the Priiifts before him, Wiio took Sureties
of them to appear twenty Days after Notice at tbc
Council-board; and fo they were difcharged.
HcTeupon^TNatbamelAich faid,'Iam confident
theGrace of die King hath been abufcd in chisj that
therefore the Prrvy Cuualellors of the Houie mull
know, whether it was by his Majcfty's Directions^
or not. And
, It was moved, That Secretary Cooie- may, firft»
declare his Knowledge in this.
Secretary Csaii, thereupon, made a longDcda-
iStioR to the Houfe concerning thofc PricDi, and
tJK Difcovery of them ; and produced (he Paper)
that were found in the Houfe amongft them Upon
icarch; and he faid, tluc it did appear that ti)ey
were Jefuits and Priefts, by the Inventory of their
Goodi: They had their Chapel and Library re- "
pJeuiihed, a common Kicchin, fiuttery, and Cel-
lar, their Houlhold-ftutFis all marked with Ji &..
there is a monthly Book of their daily Expences,
and a contraAcd annual Account in Latin, under
th»Redor's Huid. It appeareih that they had pur-
chafed 200^ Lands ^/r /^»nuM, and 60/. in Money
<lid rerDaiit over and above ihcir Expenees, 1'here
were alfu divers- Letters, Directions, and Orders
• from a PopiQi Father tirom Rime, and all Parts be-
yond tlie Seas. They had ap[Toimed a Time of Meet-
ing, which was St. Jsjepb'i Day, and ilicn they
ftiould have faid Ma&. AH their Papers were de-
livered to Mr. jittormy, wltu recommended them
to I Mr Lwg.'
.Sir John Eiliot faid, ' -In all this I fee his Maje-
Ay'sGoodnefsisdear, and we thall Dill retain the
ComiorC ot it. You fee here is a Ground laid for
«l»ew Kdgion, and a Eoundatiun for the under-'
mining of the. State i and, when ihcy Hiould be
bfoiiglic to Trial, then I fee the over-officioufnefs of".
Miiiifters of State to interpofc themfelves to preferve
Utfc iMcn, to all our Ruins ; Thcie [Men were in-
9 ^\iV^tt-
"ei
504. 77j£ Parliafngntary^i$T}i^Y ■
Kf-Chnicil. SubjeAion to a foreign Power, »nd dirdaitn oui S*
'•• Tcrcjgn. What could be their Purpofe that k-
bour'd 10 find out a Way to free them, but to feck
tour Ruin ? For I fear the drawing of their ladiS'
mcnt was mjlicioult)' done lor thai Purpolc.
* The Perfon that I look at firft is the Attantfyi
whom we ftiil find faulty in this Matter of Religion ;
whdn he faw the Importance of the Cauf«, and hod
Direifiions from tlie King amJ Council ; and yet, in
a Caufe that fo much concerns tlie King, tlie Peo-
ple, Religion and all, he mud take his own Hand
away, dnd put it to another ; this Negligence renders
him inexciifable.
• The next is that Great Lordj the Earl of i>(
fit \ Ifind him to interpofehinil'tlf herein. Let.
fix it upon his Perfon, and know iiy what Wun
be did that which was dune.
» lobferve another Perfon faulty alfo > I hearj
the Priefi was condemned, and Mr. Rtcsrdtr made
a Rcprieval ; No Man could vent his Malice more
to this Kiiigduni, than in the Prefervation of theie
Me>i.*
Sir Fremii Seymour, wiUi Vchemenc)', taxed
boih Mr. Atmrney'i AfFeflion and Judgment herein }
and declared that continual Xicctei's were Tent, ItuM
Mr. Aitarneyi in ftay of Proceedings againft Recu-
fants. You fee how flightly Mr. AUorney hath put
over a Bufitiefs of this Weight to Mr. Lmot
Mr. CVa//, the Purfuivant, being examined, faid,
* That there were Eleven Men in the New Prifon j
and the Keeper of the Prifon faith* they were delit^i
Vered by Warrant frotn ths Council- Board.'
It was ordered, Tliat Mr. kecardtr IbjU he,
thi^r, fcnt unto to be examinud, tli.in 10 h* fent
a* a Deliiii[t]ent ; in regard he hath, formerly, had
the HaiiDui to fit in the Chair here.
Secretatv Qaaie faid, ' 1'hat herein we Ihall (loA^
fiiat the King iicing mLTciful in cafe of lilood, gave
Directions fur the re^nieviiig of tlic coudcmiwd
Pfiefc.'
Sir 'Jnhn EHUt anfwered, • I doubt not but, when
ve fhall dechuc tlie Dvpth of tiui> to hisMujdli
m
•*%
Of E N a LA N n. 36?
he win render them to Judgment that gave him AD.4.c)uileti:
fu^ Advice/' ' . ' '■ ■ '628.
"^Nathankil Rich. « There Jefufts are bound, by
Sufeticsito anrvirer further at the Council-board/ I
v^ifli their Bonds" w6re produted, that, by Exami-
nation oftKifein, we might find out the whole PacI^
of their Behefeflors anoMaintainers.
Mr. Long being called^ faid, * That he oflEering^
at'the^ Stfliohs, jthe Evidence againft them, by Or-
der ftom Mi\ Attorney-y the' Lord Chief Juftice
RJchardfon^ interrupted him, and told him. He
muji fpeak to the. Point in IJfue^ whether Priejis or
no Prie/is\ and thereupon the Judges confulted
amongft themfelves, and fo arofe.
"Mr. Sfilden declared, * That he was prefent at
the Sfcffions, and plain Treafon was proved, and no-
thjng done in it.
''inie further Examination of this was referred to a
Selcft Coihmittee.
Feh. 1 6. [A Petition^ of Complaint was presented
againff Sir Henry Martin^ for difpofing of the
Goods of one Brown^ who died inteftate, to his
own private Ufe.
Hereupon Sir Henry Martin ftood up, and faid,
* If I prove not my fclf as clear of this as St. John
Baptijty let me be reckoned a Jew.*
Referred to the Committee for Courts of Juftice^
The fame Day, at the Committee for Religion,
Mr. Stroud mov^Ay ' That the LordChicf Juftice may
be called to give an Account of his ftay of Juftice, ia
the Execution of the condemned Priefts ; which he
ought not to have done, though his Majefly figni-
lied his Pleafure to the contrary.
The Chancellor of the Duchy faid, * That this
was a thing ordinary for a Chief Juftice to do, in
Queen Eltzaheth^s and King yames*s Times; as
alfo a Declaration in the Star-chamber J^ thiat all con-
demned Priefts Ihould be fent to the Caftle of /??/^
bich ; and from hence (though the King had given
no Order for the Rqprieve) hf might have taken
Warrant for hisProccpdings:*' '"^ '
^oL. vm. U ^t-
r
go6 7he Parliamentary History
1- Mr, Selden made a Report from the Committee,
for the further Examination of Mr. Long, concern-
ing the Proceedings at NiW^ate againft tlie 'Jefuiti ;
.whereby it plainly appeared, that the Evidence,
tendered in the Court at Neiugatg^ did clearfy teftify
tfjefe Men to be Priefts ; yet the Lord Chief Juf-
tice, Rkhardjon, did reject the fame, agaJnfl the
Senfe of th»;cftof the Judges and Juftices prefent i
whereby it is plain he dealt underhand with Tome of
Ordered, That two Members ihall be Cent to
cachjudge,that were prefent at the Seffions at A'itt/-
gaU ; who were faid to be the Lord Chief Juflice
of the King's Bench, znd the Lord Chief Jufticeoflhc
Common Pleas, Juftice JVhitlack, Juflice "Jonis^ and
Jufticc Creske^ (a)
Sir Henry Martin made Report, ' That he, with
others, went to the Recorder of /.jHC'iW, to know
by what Warrant he made ftay of Execution of
"the Prieft. He denied that he gave any Order or
Direftion for the ftay. Whereupon 'James, the
Clerk of JViwi-aff, beingthere prefent, came to him,
and faid, He was forry that he had named Mr. Sie-
cordir, fcr Mr. Recorder gave no Direflions ; but the
Warrant came from the Lord Chief Juftice Hydt.'
Whereupon he, the faid Sir Henry Martin, with
the reft of the Committee, went to the faid Lord
Chief Juftice Hyde, who told them, * That he gave
bis faid fVarrant by Command from his Maje/ij.
Sir Francis Seymeur made Report to the Houfe,
* That he and otherscame to yii.^tlerney's Chamber;
but not finding him there, they went to Mr. Long,
iKci.Sij- whofhewed themaLetterfromMr..^/fiirw>'dire£ted
Repuii. to him the faid Mr. Long, which wasall ihc Inftru^ons
he had toprofecute the Priefts, and noneelfe: But,
for the other Men, he was to take them into a private
RoomjandofferthcmlheOathof Allegiance; which
if they refufcd, then to proceed taPramuniri. After
this we went to Mr. Attorney, anddefiicdbim to give
-.0^. •E;N-.G'.LvA N B7 ^15x37
1*^ an Anfwer to every partteular Queftion. Where- -An, jf-Charlet I.
■upon he fet down the Anfwer with his own Hands, *
bat feemedoftent^mes loth to deliver it unto us;yet at
Jaft he did deliver it, which was as followeth : fre^
cehtd Order from the Council^ to proceed again ft the
Priejis ; and I did, accordingly, proceed againfl
them, and I gave Dire^ions to have them brought
krfor^ f^ei and took their Examinations and the In^
formations *, and I fent for Mr. Long, and dejired
him to take fpeclal Order therein. I know not^ nor
T^yer heard, of any Land conveyed to the College, hut
wtiy in general ', and I gave DireSfions to intitle the
'King to the Goods. I underjiood an Indictment was
f referred againji three of them for Treafon, and the
rift ^Praemunire ; aiid I receiving Command from
his Majejiy for their Bailment^ fuppofed them bail-
4Me.
Hereupon it was Ordered , That fuch Priefts as arc
not conviiSiied and condemned, (hould be proceeded
againft.
Feb. 17. Mr. Selden reported, ' That he, and Report of the
fame others, examined Mr. Long, who faid, That J^^^5«^^^^^
Mr. Crofs the Purfuivant coming fifom Mr. Attor- Execution of Po-
ney with Direftion, defired a Warrant in Writing, pi A Priefts.
and fo Mr. Attorney fent. him a Letter before" men-
tioned ; and fo he indifted them all as Prjefts. And
* die fame Day they were to be tried, he told the Lord
Chief Juftice Hyde, that he had divers Papers that
did conduce to prove them Priefts or Jefuits, and he
iaid he was ready to read them ; and thereupon the
Lord Ricbardfon faid, Pf^e are upon a Point, whether
Priejis or no Priefis, and they muji have Right dona
them. •
Another Judge faid, We came to do Right to all.
And the Lord Ricbardfon afked him. If he had any
other Evidence. He faid, He had no other butthofe
Papers, which he thought would give clear Satisfac-
tion. The Lord Ricbardfon faid j All that was hut
• Difcourfe : He faid, IVhat fay you to the Pointy
Priefts er m Priefts ? To wbich- Mr. Long anfwer.
cd> ;^ Ifawnot thefe Men made Priefts; butVve.
U 2 facA,
3o8 The Parliamentary History
..Clmlal.fiiid, In the Houfc where tliey were taken, were
'^'^- found Copes and Veftments for Pnefls : And that he
faid to the Lord RUhartlfan, ' I am ready to open
all this, il' you pleafe, or to anrwer any Queftions,
which you fhall a(k cgncerning fuch Things as I
have ready in the Papers.
' The Papers contained divers Examinations, and
yet none were Cuftered to be read but one ; and that
not being conceived a full Proof, the reft were rc-
fufed.'
Sir Robert Philips. ' Never v/as the like Exam-
ple or Precedent : If the Judges give us not better
SatUr^iSion, they themfelves will be Parties.'
Mr. Chambers preferred another Petition, in Com-
plaint of a Warrant newly proceeding from the
Council -Table, for ftay of the Merchants Goods,
unlefs they pay thofe Duties that were due in King
JfflWj'sTime.
Sir "John Elliot. ' You fee, by the Merchants
laft Petition, and the Anfwer from the Exchequer,
tliat the Merchants were bound, within the Court,
to fue for tlieir own ; and are novr debarr'd of all
Means by coming to their own.'
It was ordered, That the Cuftoraers fhall attend
the Houfe on Thurfday next; in the mean time it
was referred to the former Committee. Alfo it was
ordered. That a Committee of Six Ihal! coUeft and
takealltheNaraesaC theFaft, and to meet at Church
. by Eight of the Clock in the Morning.
It was alfo ordered. That a Committee fhall confi-
deroflhefpeedieft Wayioput theMercliants in Pof-
feflion of their Goods, without which it is concciv'd
we fit here in vain.
Sir Tliorrms Hobby reported from the Lord Chief
Juftice Hydt^ That be doth not remember any Papers
tendered by Mr. Long wtre rejeJfed; or that he af-
firmed they 'jjere dungeroui Perfoni, and a College of
Jefuiti i but hawfoevtry Mr. Long tendered nothing
to prove them fo, but that he held divers Papers iit his
Hand.
Mr. JVatidesford reported from the Lord Chief
juftice Rithardfsnj who faid, Mr. Long dlddifcourft
of
0/ E N G L A N D 309
ef the Place and Uoufi, hut itid ndt prefs the reading^^'^'^^^^^^^"
9/ the papers *y neither knew he what was in the Pa- ' *
pers^ nor doth be know of any thing to prove the Perfons
^riejis. . ^
.. ^iThcmas Barrington delivered tne Anfwerof
'}}A&.\Ct Jones y who faithi That fome Papers were of--
fered by Mr. Long, hut he knew not the Contents
thereof'^ nor the Reafon why they were refufed\ hut he
came late for want of his Healthy and the fecond Day
was not there at all.
Sir Miles Fleetwood dcliyered the Anfwer of Juftice
Wbitlock^ who faid. He came late^ and therefore un^
derfioodnot the Bufinefs^ and the fecond Day was not
there at all.
Sir Ji^tlliam Conftahle delivered the like Anfwer
from Juftice Crooke.
Sir Thomas Barrington faith, < That altho* Mr.
Juftice Jones did not write the Name of my Lord
Richardfon^ yet in Difcourfe he named him to be
the Man that did fay. The Point in Proof is^ whether
Priefls or no Priejls.
Sir Nathanael Rich, ' Here is a Charge of an
high Nature on the Judges by Mr. Long 5 that now
Mr. Long make good his Charge, or fuffer for
it J for there were Witnefles enough in the Court.*
Ordered Mr. Long to be here on Thttrfday^
Ordered alfo. That the Juftices, about the Town,
fhall be required to deliver in all the Names of the
Recufants remaining about the Town, their Con-
ditions and of what Country they be.
Ordered alfo. That the Gentlemen of the Inns
of Court and Chancery, (hall give in their Know-
ledge what Recufants are there.
Sir %A« Stanhope. * That the Court may give in
Ae Names of the Recufants there, and Ukewife by
what Warrant they ar« about the Town 5 and what
f)ublickChargeof Office any of thoft Peribnshave.
Alfo what Priefts and Jefuits are in Prifon irt Lon^
dony for they are at liberty fometimes to go five
Miles to fay Ma&.'
U3 QVK
>
3IO The ParUameniary History
Aii.4.CKitlnI. On TVt^tfdaf the 18* oi Fihrnary;^ aputilick
'**'• Faft was kept bytbeHoufe attViftmiiiJin; where
were three Sermons.
Feb. IQ. Mr. Daws, oneof theCuHomers, bring
Drfcjte on the called in to aiifwer the Point of Privilege in taking
Mfi* G^df Mr. JJb/A's Goods, being a Member of the Houfc,
farTnnn^iu faith, ' He took Mr. Kelis's Gooi& by Virtue of »
Commiffion under the Great Seal, and other War-
rants remaining in the Hands of Sir John Elliot:
That he knew Mr. Reili to be a Parliament-man,
and that Mr. Ss/A demanded his Privilege; but he
did underftand that this Privilege extended only to
his Perfon, and not to his Goods ' Mr. Dawi fur-
ther faith, ' That he took thofe Goods for fuch Du-
ties as were due in King James's Time ; and that
the King fentforhim on Sunday laH, and ccnnmand-
ed him to make no further Anfwer.'
Mr. Carmarthen, another Cuftomer, called In,
faith, ' That he knew Mr. Ra/h to he a Parlia-
ment-man, and, that he told Mr. Rolls, he did not
find any Parliament-man exempted in their faid
CommiiHon ; and if alt the Body of this Houfe were
in him, he would not deliver the Goods j if he faid
he would not, it was bccaufe he could not,'
Mr. IVandesfard moved, ' That the Delinquen-
cy of thefe Men may be declined for the preient ;
and that we may, firft, go to the King by way of
Remonftrance, confidering the Matter from wlience
this doth arife ; if there were a fingle Privilege, it
were eafily determined.'
Mr. Selden faid, ' If there he any near the Kii^
that niifinterpret our A6lions, let the Curie light on
them, and not on us: 1 believe it is high Time to
right ourfeives; and, untill we vindicate ourfelvea
in this, it will be in vain for us to fit here.'
Sir Nathanatl Rich movcth, * Not to proceed iii
this, until it be, byafelefl Committee, confidered
of i in refpcdi the King himfelf gave Older to fl;a.y
thofe Goods, tho' the Goods of a Parliament-mati.'
J
0/ i;, N G L A N D. 311
Sir John EilUt.. 'The Heart-Blood of the An. +.Ch»rlM
Common-Wealth recelvetb Life from the Privilege '^*^' '
of this Houfe. \
' It was refolved by Queftion that this ftiall be pre- 1
femly taken into Cuiili deration ; and being coiiceiv- ]
ed a Bufiaels of great Confcqucnce, it is ordered, I
that the Houfe fliall be rcfolved into a Cdnuiiittee J
for the more Freedom of Debate.' ^^^J
Feb. 20. Mr. Herhert in the Chair. A Peti- ^^^H
tion of Complaint of a Confpiracy agalnll a Man's ^^^^H
Life was preferred againft the Lord Deputy of /r^ ^^^^|
land, and others, to get the Eltate of the Petitioner ^^^^|
unto their own Ufe ; which was referred to the ^^^^|
CommitteeforCourts of Juftice. ^^^H
Sir Jehn IVolJlinholme, anotherofthe Cuflomets, ' ^^^H
called in, fkith, ' That he was commanded, from ^^^^|
the King, to fay, that tlie Goods were taken for ^^^^H
Duties, and no more ; that he fought not to farm ^^^^H
the Culloms, and told die King, being fent for to ^^^^H
his MajeAy, that he was not willing to deal therein, ^^^^|
UBtil the Parliament had granted the fame.' ^^^^H
Hereupon the Warranr, from the King Co the ^^^^|
CuAomers, was read/n haiwrba, ^^^^|
Carolus, Dti Gratia, Angliie, Scoli/e, Francia, ^^^^H
W Hibernia Rex, Fidel Deftnfor, &c. To the . ^^H
Lord Treafurer, Chancellor, and Barons of our ^^^^H
Exchequer, and to the Cuftomers of our Ports. .^^^^H
WHEREAS the Lords ej our Council, taking ^^H
into Cenpdiralion our Revenue, and finding that ~ ^^^^H
Tunnagi and Poundage is a principal Revenue of our ^^^^|
Crown, and hath been continued many jfgei ; have ^^^^|
therefori ordered, that all thofe Duties of Suhfidies, ,^^^H
Cujloms and Impojls^ as tity were in the One and ^^^^|
twentieth Tear of King James our late Royal Father^ ^^^^M
and as they Jhall be appointed by us under our Seal, be ^^^^|
Know ye. That we^ by the jfdvice of the Lords ^^^^H
ef our Csuniilj do declare our tVill hereby, That ^^^^^|
cU thofi Duties be levied and colltcfcd as they ^^^^
U ^ wen 1
3ia The Parliamentary Historv
la.^i CVntlni-wwf htht Time of eurfasd 'lathery andixfut.
i6i8. Manner as ive Jbau appelnt. lind if any Perjmre-
fufi to pejt thtn BUT if'HI it, that the Ltrdi of the
Ceundt end the Treajurtr jhall tommit ta.FriJen
Juih fa rtfufir)gy until ihey canfirm thtmfSvtw Jind
Vie give full Patver to all our Officers ia recd6iy /r—
vy, and ailU£t : And we command our Barara and I
Officii, from Tim to Tme, to give all Af^dnttU I
the Farmers of the fumet as fully at when thtf>wirt I
eoUeiled by Authority of Parliament, \
Sir Humphry May. • The King and Coundl
' ' "'took Notice, that this Gentleman was a Parhatacnt- '
" man ; and it is the firft Time that, for the King's
Revenue and for Duties, Parliament- Privileges ever
held/
Sir Peter Hayman replied, ' Our Mouths arc
flopped, if this be the King's Revenue.'
' Mr. Selden faith, ' That he conceiveth the Cafo
.pF the three Cuftomcrs, to differ in the Degrees of
'■'their Offences.
" 'Firft, VoT Six John IVelftenliolme. whatever he
' * feilh here, he hath often confefTed the Goods were
I ' ' taken for Tunnage and Poundage j fo that, as he
* "" broke the Privilege in taking the Goods, fo likewife
t" in his fwearing one thing, and the Cumrary plainly
"'' s^^earing upon Proof and his own Confeflion, he
' .plainly deferves PiutUhment.
, '''■ Secondly, Mr. Daxtii'i Cafe differeth only, in
"" that Sir John WaljUnhalme is a Patentee, and Mr.
■' ' Jiavjs only a Sharer.
*• ' * Thirdly, Mr. Ca™iir/-5fn'j Cafe diff'erech in fay-
''" ing, * Jf alt the Parliament u/ere in him, he viauld
■ . *"'^not deliver the Goods,'
■ ^"*-' Hereupon it was ordered. That Tf^olftenbobm'i
, Cafe Jhall be firfl decided ; and the Point is, Whc-
"■ ther by tlie Leafe, Sir John Wol/lenholme having fciz-
' td the Goods, hath Intereft or not.
" Mr. Glanvile. ' Here is a Sum of Money ad-
vanced, a Leafe granted for certain Years, and ?er-
'*" tain Rent refervcd ; and though there be a Cove-
"' ■ nam
O/ E-IT G LA N'b:- "313
nant to thofe Men,*' that if there beLofs, it fhall be An.4.Charie8L
abated, yet that cannot take away their Intereft.' '°*^*
* The Subftance of the AfEdavit made by the
■Cuftomers in the Exchequer, is, that the Goods of
the Merchants feized by them, and remaining in-
the King's Storchoufe, were feized only for Duties
to the King, mentioned in a Commiflion under the
King's Signet ; and that themfelves, the Ciiftomers,
had nolntercft, nor Pretence of Intereft therein.
Feb, 2 1, A Petition was delivered by Mr. Tho-
mas Symons^ in ftirther Complaint againft the Cufto-
mers; and that the'Two Shillings and Six-pence of
the Currants, granted to the Earl of Arundel, be re-
ferred to the Committee for Merchants.
Sir Robert Pje faith, « That the Earl oiArundil
bath delivered in his Patent to the King, two Months
fince.*
At the Committee on the Complaint of the Mer-
chants, Mr. Littleton argued, * Whether a Mem-
ber of the Houfe hath his Goods privileged upon a
Prorogation, being feized for the King? All Privi-
leges are allowed for the Benefit of the Common*
wealth ; the Parliament's Privilege is above any
other, and the Parliament, only, can decide Privi-
lege of Parliament, not any other Judge or Court.
* That a Man may not diftrain for Rent in Par-
liament Time, but for all Arrearages after the Par-
liament he may diftrain : He is not to be impleaded
in any Adtion Perfonal, or his Goods feized in the
E?cchequer. Both by Record and A61 of Parlia-
ment, he is in the King's Royal Proteftion ; that
it might be High-Treafon to kill a Parliarneht-man;
and the King anfwered it accordingly, which made
it a Law. ' .
* For the Judges to determine Privilege of Parlia-
ment, were' to fuperfede and make void the Law:
And as. to the Proclamation, the Privilege ftands
good until the Day of Prorogation.'
* The King' is never fo high in point of State, as
3 14 5'i6i? Parliamentary HiSToRr
n. 4. Cli.rlial. in the Parliament ; cited in the CaTe of Sir RsbeTt
i6iS. Jiaujard, in theHigh Coinmiirioo.
' And ail Privilege is good, unlefs in Cafes of
High-Treafon, Felony, or Breach of the Peace'
Sir Robot Fhiiipi. ' Thus you fte howfaft the
Prerogative of the King iloth intrench on the Iat
berty of the Subject, and how hardly it is recovered:
He then cited many Precedents, wherein, the Goods
of a Member of ;Parl lament were privileged from
IJcizure, in the Exchequer, In 12 Eliz. it was
rcfolved in Parliament, That twtncy Days before,
and twenty Days after, was theTime of Prvileges.'
Sir Humphrey May defired, ' That, in this De--
bate, we may tie our fclves to point of Law and
Authority, and not to point of Rcafonj and con-
ceiveth that no Privilege lieth againil the King, in
point of his Duties and Cultoms.'
Sir Francis Sfymonr. ' I cJelire it may be the £j;Q:
Debate, whether this Cafe doth concern the King
or not; for I conceive thefe Cuftomers have ■ not
made good that there is any Right : Here is Art ufcfl
only to intiile the King.
' I conceive it is an high Offence, for any Man
to lay the Scandal of every Projeifl upon the King.'
Mr. GlanvHc. ' Here is a cunning Affidavit in
the Exchequer, to intitle the King ; a mere cunning
Project, and an Offence of high Nature, to flieUer
their Projeits under the Command of the Crown.'
Secretary Cooke, ' The Point in Queftion is, not
the Right of tlie Subjedls, but the Right of the Par-
liament's Privilege, and that in the Cafe of Mr.
Rolls ; and this is only now in Queftion.'
Sir yohn Slrangeways. ' I know no Reafon, why
we fhould draw a QiiefHon upon ourfeives, which
we need not, efpecially between the King and us.
I conceive it, plainly, that thefe Cuftomers tooJf
thefe Goods in their own Right, not in the King's ;
in this the Privilege is plainly broken, which i^
eafily determined, '
Mr. Batiks. * In this Cafe there is no intcrpot-
ing of iheKing's Right; andtheKing, by his Pro-
clamation, hath declared fo much.
•That
Of ENGL AND. 31^
^ 'f hat the'€durts, 2X. Wejiminjier^ do grant Aii.4X»i«rfctL
twelve Days Privilege to any Man, to inform his *
Couiifcl'; much more the Courts of Parliament are
to h^ve their PHvilcgc.
\ The King's Command cannot authorize any
Man to break the Privilege j no more than it will
warrant an Entry upon a Man's Land, without Pro-
cefe of Law/
Mr. Solicitor. If he have no Right, how can he
make a Leafe ? Then this pretended Right of the
Ctiflomers mull needs be void : And therefore the
Goods muft be taken, not in their own, but in
the Right of the King.'
Mr. Selden, ' If there were any Right, the pre-
tended Right is in the Subject.
* Firft, Whether Privilege in Goods ?
, * Secondly, Whether the Right were in the Cuf^
tomers only ?
* Thirdly, Whether Privilege againft the King ?
* Fourthly, If the Lords have no Privilege in Par-
liament for their Goods, they have then ho Privi-
lege at all 'y for they are privileged in their Perfons
out of Parliament.
* For th^ Point of Intereft, it is plain, no Kind
of Covenant cart alter the Intereft; and, queftion-
lefe, had the Cafe ip the Exchequer appeared to the
Barons, as it doth to us, they would never have
proceeded as they did.
* If pur Goods may be feized into the Exche-
quer^ be it right or wrong, we had as good have
none.
Six Nathaniel Rich faid, * It vsras recorded, the
laft Seilion, in the Lords Houfe ; and he cited other
Precedents in this Houfe, That the Servant of a
Member of Parliament ought to have Privilege in
his Goods: TheQueftion being thus decided, cer-
tainly a Parliament-man ought to have Privilege
in his Goods.'
Mr. Noy feith, * That thefe Cuftomers had nd-
their Commiifion, nor Command, to feize 3 there-
fore, without doubt, we may proceed fafely to the
pther Queftion, That the Privilege is broken by the
Cuftomecs^
3 i 6 "^he Farliamentary Historv
Ad.*. Chiilcit-Cuflomcrs, without relation tp any Commiiliori
"*'■ Command of ibe Kin-.'
Secretary CMic fjith, ' That it is in the Commif-
fion to feize' — But the CommilTion being leai, it
was not found to be there.
Sir Humphrey May faith, * Mr. Daws mentidtaed
that he feized thefe Goods, by Virtue of a CotW-
mifllon and other Warrants, remaining in the Hands
of Sir John Eiliot ; that therefore tlie Warrants may
be feen, whether there be Command to feiae thefe
Goods or not.'
Sir Nathanael Rich. ' This Day's Debate much
rejoiceth me, efpecially the Motion made by Mr.
Neyi whereby it is plain wc have a Way open to
go to this Queftion, without relation to the King's
Commiflion or Command ; and I defire, in refpeit
there appeareth nothing before us that doth incum-
her us, we may go to the Queftion.
Sir Humphry May, again, defireth thefe War-
rants may be looked into, before we go to the Quef-
tion.
Mr. Kirim moved, ' That in refpe£t this Ho-
nourable Gentleman preiTeth this fo far, the War-
rants may be read, that it may appear with what
Judgment this Houfe hath proceeded.
Mr, Clo'ivlUe. ' I confent thefe Warrants be
fent for and read ; but withal, if aiiy Thing arifc
that may produce any thing of ii! Confequence, let
it be confidered from whom it doth come. TTic
Privy-Couiifellors here arc content with this Motion.*
The Warrants being fent for and read, no Co[D'<
miiTion to feize appeared therein,
Mr. Kirisn faid, ' If there be any Thing of
Doubt, I dcfire thefe honourable Perfons may make
their Objeflions."
Sir Humphry Aloy faid, 'I rejoice when I can
go to Court able to juftify your Proceedings : I con-
fefs I fee nothing'now, but that we may proceed,
fafely, to the Queftion.'
1
n
0/ E N G L A N a 317
Secretary Cook faid as much. ^ An, 4. Charles K
X628.
Mr. HackweU argued againft Privilege, in the
Time of Prorogation/
Mr. Noy faith, • He made no Doubt but Privi-
lege was in force in Time of Prorogation, until he
heard this Argument of Mr. HackweU'^ and faith.
He hath heard nothing from him yet that doth al-
ter his Opinion ; and cited a Cafe, where the Lords
Houfe hath this very Prorogation adjudged to be
the Privilege thereof.
Mr. i&^ito^y/anfwered, < He is glad to hear it
is fo, and he is now of the fame Opinion/ Then
it was rcfolved, upon Queftion, That Mr. Rolls
ou^t to have Privilege of Parliament, for his Goods
feized TpOSiober^ 5 Jacobin and all lince.
The Committee was adjourned till Monday ^ and
the Cuftomers to attend.
Accordingly, on that Day, Sir Humphry May
faid, '1 will never ceafc to give you the beft Ad-
vice I can. We all agree a Wound is given. We
have Wine and Oil before us : If we go to punifli
Delinquency, there is Vinegar in the Wound j there-
fore think on fome Courfe to have Reftitution.'
Sir John Elliot. ' The Queftion. is, whether
we fhall firfl: go to the Reftitution, or to the Point
of Delinquency 5 but fomc now raife up Difficul-
ties, in Opposition to the Point of Delinquency,
and talk of Breach of Parliaments; and other Fears
I meet with, both in this and.elfewhere.
' Take heed you fall not on a Rock: I am con-
fident this would be fomewhat difficult, were it not
for the Goodnefs and Juftice of the King. Let us
do that which is juft, and his Goodnefs will be to
clear, that we need not miftruft.
' Let thofe Terrors, that are threatened us, light
on them that make them,* why.ftiould we fear the
Juftice of a King, when we do that which is juft I Let
there be no more Memory or Fear of Breaches, and
let
3 1 8 The Parliamentary History
^■.^.Chirtrii.let us now go to the Delinquency of thefe Men j-
'**'■ and that is tlie only Way to procure Satisfadion,'
Secretary deie anfwered, ' Tliat we laboured,
*'■""" the laft Day, to bring to out End ; now we fall ta
' * "^'' this Ifl'ue, lo proceed to the Delinquency of thefe
I Menj our Ground is, becaufc they had no Com i
mand from his Majeffy. I mult fpeak plain; his
Majefty took Notice of our Labour, and that wa
endeavoured to fever the Aftof the Cuftomers from
hisMajefty's Command.
* His Majefty commanded me to tell you, that
it concerns him in high Degree of Juftice and Ho-
nour, that Truth be not concealed; which is, that
what they did, was by his own direfl Orders and
Command, or by Order of the Council- Board, hii
Majefty himfelf being prefent; and, therefore,
would not have it divided from his AiSt,'
Report cefldern- Report was made from the Grand Committee^
fagPiiviltp. (,^f ^]^gj, j„p|, i„j„ jheir Confideration the Viob-.
tion of the Liberties of the Houfe by the Cuftomers j
and at laft they refolved, That a Member of the
Houfeought tohave Privilegeof Perfon and Goods j
and that the Command of his Majefty is Co great,
that they leave it to the Houfe.
Secretary Csoie faith, ' That howfoever this
Houfe labours to fever the King's Intereft, his Ma-
jefty thinks this Diftinftion will not clear his Ho-
nour : He is the Fountain of Honour, and he will not
be drawn to do rhat which may touch him, tho' »-
ihers may make DiftinSions.'
Sir Reherl Philipt. » I had rather pray to God
to direct us than give any Direflion. The King's
Honour, Juftice and Government are now prefent-
ed unto us, and alfo the eflential Liberty of this
Houfe ; and we are now fit for Debate orCoutifel,
in the greateft Concernments ; our beft [Thoughts
and Wits] ate fummoned what to do.'
Hereupon the Houfe was adjourned to the J5th j
and, upon that Day, the following Heads of Arti-
cles for Religion, being prefeiited to the Houfe, were
read.
HeadjI
I
I
1
0/ E N G L A N D. 319
Heads ar Articles lobe infiftcd on, and agreed AB,^.C\.ti\ti
upon, eta Sut-Commlnee far ^ELiGiott. '**^'
' I. -TT HAT we call to Mind, how that, in the HcadsorAnk:
' 1 laft Seffion of this Parliament, we prefent- !« RcJisi""-
' cd to his Majefty an humble Declaration of the
< great Danger threatened to this Church and State,
' by divers Courres and Ptafliccs tending to the
' Change and Innovation of Religion.
' II. That what we then feared, we do now fen-
* fibly feel; and, therefore, have J u ft Caufe to rc-
' new our former Complaints herein.
' III. That, yet neverthelefs, wc do, with all
' Thankfulnefs, aclcnoft'ledge the great Blcffing we
< have received from Almighty God, in fetting a
' King dver us, of whofe Conftancy in the Profef-
' fion and Praftice of the true Religion here efla-
* blilhed, we reft full aflLred; as likewife of his
' rooft pious Zeal and careful Endeavour for the
' Maintenance and Propagation thereof; being fo
* far from having the leaft Doubt of his Majefty's
* Remifnefs therein, that we, next under God, af-
' cribe unto his own Princely Wifdom and Good-
' nefs, that our Holy Religion hatii yet any Coun-
* tenance at all amongft us.
' IV. And for that the pious Intention and En-
' deavours, even of the beft and wifeft Princes, are
« often fruftrated thro' the Unfaithful nefs and Carc-
' lefenefs of their Minifters; and that we find a great
' Unhappinefs to have befallen his Majefty this
' way; we think, that being now aflembied in Par-
' liament to advife of the weighty and important
* Affairs concerning Church and State ; we cannot
' do a Work more acceptable, than, in the firft
' Place, according to the Dignity of the Matter,
' and Neceflity of the prefent Occalions, faithfully
* and freely to make known, what we conceive
' may conduce to ilic Prefervation ofGod'sReligi-
' on, in great Peril now to be loft j and, therewith-
* al, the Safety and Tranquility of his Majefty and
* his Kingdoms now threatened with ceruin Dan-
* gcrs. For the clearer Proceedings therein, we
* fiiall declare,
320 The Parh'ameritaryHi^roRY
i. 'I. Wliat thofc Dangers and Iiiconvenieni
' 2. Whence rhey arife.
' 3. In feme Sort, how they may be rcdreflerf. *
* l"he Dangers may appear, partly, from the
' Confideraiion of the State of Religion abroad ;
' and, partly, from the Condition thereof within
* his Majefty's own Dominions, and efpecially widi-
' in this Kingdom of j&n^/iJTi/.
* From abroad we make thcfe Obrervations.
' I. By the mighty and prevalent Party, by which
* true Religion is aflually oppofed, and the contrary
* inaintaincd.
' 2. Their combined Counfels, Forces, At-
' tempts, and Pradlices, together with a moft dili-
' gent Purfuit of their Defigns, aiming at the Sub-
* vcrfion of all the Pmttfttint Churches in Chrijlm-
' 3. The weak Rcfiftancc that is made againft
' them.
* 4. Their viiSorious and fuccefsful Enterprizes,
' whereby the Churches of Germany, France^ and
* other Places, are in a great Part already ruined, and
* the reft in the moft weak and raiferabie Condition.
' InhisMajefty'sown Dominions, thcfe ;
* I. In 5m//u»(/, the Stirs lately raifed and Info-
* lencies committed by the Popijh Party, have
' already not a little diftjuietcd that famous Church;
' cf which, with Comfort we take Notice, his Ma-
' jefty hath exprefled himfelf exceeding fenfible ;
' and hath, accordingly, given moft Royal and
' Prudent Dirc£tions therein,
' 2. Ireland is now almoft wholly gverfpread
* with Papery, fwarming with Friars, Priefts, and
* Jefuits, and other fuperftitious Perfons of al! Sorts;
' whofe Prattice is, daily, to feduce his Majefty*s
' Subje<Ss from their Allegiance, and to caufe them
' to adhere to his Enemies.
' That even in the City of Dublin, in the view
' of the State, where not many Years fmce, as we
' have been credibly informed, there were few or
•I . ' nunc
Of E N G L A N D. 321
^ none that refufed to come toChurch, tbere 2Lre.Avi^^C\ax\taA
latdy reftored and creded for Friars, Jefuits, and *^**'
idolatrous Mafs-Priefts, thirteen Houies, being
more in Number than the Pariih Churches within
that City ; be&les many more, likewife, ereded
in rile beft Parts of the Kingdom -, and the Peoplc»
almoft wholly, revolted from our Religion^ to the
open Exercife of P^fpijb Superftition.
^ The Danger from hence is further incieafedy
by Reafon of the Intercourfe which the Subjeds,
of all Sorts, in that Kingdom have into Spairty
and the Jrch^Dtuhi/s^s Country i and that, of
late, divers principal Perfixis being Pepifis are
trufted with the Command of Soldiers ; and great
Numbers of the Irijh are acquainted with the
Exercise of Arms and Martial Difcipline ; which,
heretofore, hath not been permitted, even in
Times of greateft Security.
^ Ldft^y Here in England we obferve an extra*
ordinary Growth of Popery^ infomuch that in fomc
Counties, where in Queen Elizabeth's Time there
were few or none known Recufants^ now there
are above 2000, and all the reft generally apt to
revolt,
^ A bold and open Allowance of their Religion,
by frequent and publick Refort to Ma&, in Mul-
titudes, without Controul, and that even to the
Queen's Court ; to the great Scandal of his Ma*
jefty's Government.
^ Their extraordinary Inibfence; for InAancey
the late £re£Ung of a College of Jefuits in CUrk-^
mtvitly and the flrange Proceedings, didreiipon
tis'il^ in favisur of them*
^ The; £ubtile and pernicious fpreading of the
Jrmbaan Fadion $ whereby they have kindled
fucb jkf ice of Divifion in the very Bowels of the
StaHe, ^s if not fpeediiy extinguifhed, it 48 of itfelf
fofficient to ruin our Religion $ by dividiag ut
fjrpnithe Refitmid Churchn Abroad, andfepaf^t-
ing amongft ourfelvcs at H^kbc, by cafting Doii^tff
upon the RdUgioa pr^ci0eA aiid cftablilM;
^ wfcidi, if iaulQr or qiieftionablt in Afct or ibur
VaL. VUL X ^t-
^,4.Chirl4l' ( Articles, will be rendered fufpidous to unfbbf^
* Minds, In all the reft i and incline them to Popi/^,
' to which thofe Tenets, in their own Nature, do
' prepare the Way : So that if our Religion be fup-
* prelTcd and deftroyed Abrosd, difturbed in Sigt-
» iand, loft in Ireland, undermined and alnioft ou(-
* dared in England, it is manifefl: tliat our Danger
' is very great and imminent.
' The Caufes of which Danger here, smongft
* divers others, we conceive to be chiefly thefe in-
* Itanced in.
» I. The Sufpcnfion ot Negligence in Executi-
* on of die Laws agalnft Papery.
' 2- The late Proceedings againft the College of
* Jefuits.
* 3. Divers Letters fent by Sir Rohert Htath,
* bis Majefty's Attorney, into the Country, for ftay
' of Proceedings againft Rccufanis..
' 4, The publifhing and defejiding Points oiPo-
* firf in Sermons and Books, without Puni(haientj
* inftance Eifliop Alaualague'i three Books, viz.
* The Gagg, .Invocation of Saints, and his Appeal;
•. alfo Dr. 6'0/lKi's Horary, and the BiQiop of G^k-
* ce/ler*& Sermons.
* 5. The bold and unwarranted introducing,
* praflifing, and defending ot fundry new Ceremo-
* niea, and laying of Injunctions upon Men by Go-
' vernors of the Church and others, without Au-
* tliority, in Conformity to the Church of ^sw;
* as for Example, in fome Places erefUng of Altars,
* in others changing the ufual and prefcribed Man-
* ner of placing the Communion-'l'ablc, and fetting
* it at the upper End of the Chancel, North
* and South, in imitation ot the High Altar;
* by which the/, alfo, call it, and adorn it
' with Candleflicks, which, by the IrjunStons,
* ylmo 10 i'iz. were to be taken away ; and do
* alfo make Obeilancc by bowing thereunto, com-
* manding Men to ftand up at Gloria Patri ; bring-
* ing Men to Queilion and Trouble for not obcy-
» ing that Command for which tliere is no AutbQfi-
* ty ; injoiniiig that no Woman be church'd without
*aVoa;
•^' U ;Churchd^ J i^riyinr tcmms the 'Eaft, *<5^»-
••■^^6:^ The falfe atid c6urfteffcitCoftfoi'mief oT/^^'.
^'^5?Xi S^ei^by they do'npt only fivadi^ die Liw,
^' tlit^aiitkin Wac^^'of Truft and Authdrity j inl
•'•ftiiilbfe Mr. 5row«^ 6f Ox/ordi, and hfs Treatife
^.written. to that Purpofe; the Blfhbp of Giout^/fer i
* jiiid the now Bifliop of Durham. " ' *
V--C Qjp. The- Su'pprefling antf Reftrarrit of thc'Ortho-
* dox Doftrine, contained in the Articled of Reli^i-
* ■ bit, confirmed in Parliament, 13 Eliz. atJcbrding to
* the Seofe which hath been received publickly,' and
* taught as the Doihine of the Church of England
« ; in tbofe Pointsy wherein the Jrminians diffef ffom
* us,'a:nd other the Reformed Churches *y \)therein the
f "Offence of our Articles., in thofe controverted
* Points, is known and proved.
* \^ t. ^be piiblifhing of Books, and preaching of
* Sermons, contrary to the former OrtliodoX Dbc-
. trine," arid fuppreffing Books written in Defence
^ thereof; inftance Bifhop Mountague^s Gagg and
r jfppeaiy Mr, Jadfon's Book of the'Effence and
r Attributes of God, Dr. White*s two Sermons
«,^r^chfd. at .Court, one upon the 5th oiNMirn^
* ber^ the other on Ghri/imas-Diy hft: And for
« Orthodox -Books fupprefled, inftance in all that
* havie been written againft Bifhop MoUntague and
t Ci^jj^eareven Bifhop Carleton's Book.
c- ^-g. That thefe Perfons who have publifhed and
* Inainteined fxich Papt/iical, Arminhany and fuper-
*-Jflki<ius Opiniohs and Praflices, ' who are known
^'fet^unfouM in Religion, are countenanced, fa-
< Wi/ped,'Md preferred : Inftance Mr. Mountague
<^ nfi»^«ifl^ of Chiclyejier ; alfo the late Bifhop of
*^i©iW/ffe; fen€§'his laft Arminian Sermon t^reached
^kt 'Cfcurti,^j4d'vaiK:ed to the Bifhoprick of Nor^}ih ;
»f&vte,rfa^>ft^«/«iVmade Bifbop of fii^'f the Bi-
♦39»p.of't%M/, along-fuQifeaed Papi/i;/^^^^^'
* iei&d to tbt- 'Bifhoprick of 'Durham ; Mr. C^fej,
•'iitfrttflfeediittJ Df^ity ancJVar ^itsit^LMrig ; Dr,
e ll3 V
.\^
324 'The ParliamenieryliiSTOR-^
1
sfffi*
Aa-4-CliuIcf!.( Zfrai, made Dean oi IV'tiuifir^ and one of
ifiiS. , f ligh Commiffion Court.
' 10. 1 hat (boie Prelates near the King, having
5 gotten the chief Admiiiinration of EcclefiaflicaJ
* AfFjirs under his Majcfty, difcountenstnce and
* hinder the Preferment of chore that arc Orthockut,
* and favour fuch as are contrary^ inflance, tho
* Bifliops of Wimhefter and Landen^ in divers Par-
* ticulars.
* The Points wherein the Armimans differ from
* us, and other the Refermift Churches^ in the Senle
* of tlic Articles confirmed in Parliament, 1 3 Eliz.
* may be known and proved in thefc controverted
* Points, Wz.
* I. By the Com moi> Prayer, eftablifticd in Par-
' 2. By the Book of HomilieSj confirmed by tbe
* Afls of Religion.
' 3. By the Catechifm concerning the Points
* printed in the Bible, and read in Churches, and
* divers other Impreiiions piibliihed by Authority.
* 4. By Eifliopy«w/'s Works, commanded ts
« be kept in all Churches, that every Parilh may
* have one of them.
' ^. Tlie publick Determination of Divinity-
* ProfeiTora, puhliflied by Authority.
* 6. The puhlick Determination of Divines in
* both the Univetfities.
' 7. The Retblution of the Archbiftiop of Can-
* tiriury, and other Reverend Bifllops and Divines
* allembled at Lambeth, for this very Purpofc, to
' declare their Opinions concerning thofc Points,
* jfoOT 1595, unto which the Archbifhop of Ttri
* and all his Province did likewife agree.
* 8. The Articles of Ireland, tlio' framed by the
* Convocation there, yet allowed by the Clergy and
* State here,
' g. The Suffrage of the Brilijh Divines, fentby
' our late Sovereign King yanus, to the Synod of
' Dort.
' 10. The uniform-Confent of our Writers pub-
* liflied by Authority,
* 1 1. The
N.^
0/ E N G L A N D. 325
*r * II. The Cenfuresi Recantations, PunHhments Aa,4. Charksl
5 and Submiffions, rnade^ enjoined, and inflicied ' *^*^'
^ upon thofe that taught cotnrary thereunto, as
< Barrow and Barrett in GawAridgey and Bridges
* in Oxford. .
< The Remedy of which Abufes we conceive
^'msy bc'tbefe.
* !• Due Execution of Laws againft Paptjis,
* 2. Exemplary Panifhment to be infli£ked upon
f Teachers, Publtfbers, and Maintainors of Pop'ijh
* Opinions, and pradtifing of fuperftitious Ceremo-
f nies, and fome ftri<3£r Laws in that Cafe to be
< provided.
* 3. The Orthodox Dofirine of our Church,
* in thefc now controverted Points by the Arminwn
* SeiV, may be cftablilhed and freely taught; ac-
^ cording as it hath been hitherto, generally, receiv-
* ed, without any Alteration orlnnovation ; and fevere
* Puniihment, by the fame Laws, to be provided
* againft fuch as fliall, either by Word or Writing,
*, publiih any thing contrary diereunto.
^4. That the faid Books of Bifhop Mountague
^ and Cofins may be burned.
* 5. That fuch as have been Authors, or Abet-
< tors, of thofe Popijh and Arminian Innovations in
< Dodrine, may be condignly puniflied.
< 6. That fome good Order may be taken for
< licenfing Books hereafter.
< 7. That his Majefty would be gracioufly pleaf-
< ed to confer Biihopricks^ and other Ecclefiaftica)
* Preferments, with Advice of his Privy-Council,
^ upon learned, pious, and orthodox Men.
^8. That Biihops and Clergymen being well
* chofcn, may refide upon their Charge, and with
< Diligence and Fidelity perform their feveral Du-
^ ties, and dut accordingly they may be counte-
^ nanced and preferred.
^ 9. That fomeCourfe may, in this Parliament,
^ be confidei^d of, for providing competent Means
^ to maintain a godly, able, Minifter in every Pa- .
f irifb-ChurcI^ of this Klingdom^-
X3 - ^ 10. That
ebiifcrf- . * lOL That his Majefty. wouW bc-:gifiH6ii^
,'^**' * p'eafed to make a fpccial Choice of fuch Borliins,
'»"i;\ ■ * for thcE>:ecutionofhis£cderial1icalCDimni&Bn$,
' ' ' ( 2s arcapproved torlntegriiy ofLifeand<Sonndnels
* of Dodlrinc' ■ !
Immediaiely after the reading the above Atrtida,
the King fent to command both Houfes to axljbbni
to Monday the 2d of Aiarch : On which Day^iSir
sJ.ThVg.inft ''?'"^« £///«/, after Prayers were ended, and die
ijie Lojd Tjea- Houfc fet, ftood Up and faid, ' God knows I ifieak
liiftt. jK,^ with all Duty to the King. It is true, the
Misfortunes wc futfer are many ; we know what
Difcoveries have been made here in thefe Articles,
' ' and how Arminianijm cieeps in and undermines us,
'■ ■ 9nd how Papery comes in upon us. They malk not
T'ljfl ft range Difguifes, but expofe themfelves to the
•■'View of the World; In the Search of thefc, we
. bave fixed our Eyes, not on ihe Aftors, the Jc-
fuits and Priefls, but upon their Maflers, thofe that
are in Authority ; thence it comcih we fuiFer ; the
Fear of them makes thofe Interruptions. Youhave
«KV^<tt<^iR^i"ftpme Prelates that arc their Abettors j the- great
-J^'i^ '" ^''^OP oiiyinch^Jier, wc know what he hath done
(•t*i|tniwT ^ - i-to favour them. This Fear extends to fome others,
.■■ihtM^ '■!■ ihar contra£t a Fear of being difcovcred j that is,
'■«, the Lord Treafurir^ in whofe Perfon all Evil Is con-
■ trailed, both fur the Innovation of Religion, and
<- Invafion of our Liberties; he being the great Ene-
- ^ my of the Common- Wealtli. I have traced him
' ' in all his Actions, and I hnd him building on thofe
Grounds laid by his Mailer the Great Dulce; he,
,' •-• fecrctly, is moving for this Interruption ; and from
\rthis Fear they go about to break Parliaments, left
c< - parliaments Ihould break them.
- - - ' I find him the Head of ail that Party, the Pa-
.' fifli; and all the Jefnii! and Pritjlx derive from
:i,-him their Shelter and Proteiiion.
'i' * And I protcft, as lam a Gentleman, ifm.yFor-
= - tune be ever again to meet in this HonouraWe Af-
' fcmblj'] whefe 1 now le^re, I wiU begin ^ain.'
O/: E N Q L A^ D :.i.j27
The Speaker, being fet in the Chaflf, delivered a An* 4^ 9^i»£j«I«
iMeflage' from his Majefty, cotntnandiitg . hioi, 7i ^jic jSker de-
i^curn the Houjt^ until Tustd^ycm^Sevepnigfit liven tht King*!
foliowing^' - Meffagc for a
To this feveral Members objeaed, ' That it was ^^ntT ^^"^"^
not the Office of the Speaker, tp deliver any fuch
Commandunto them.; for the Adjournment of the
Houfe did properly belong unto themfelvcs: Andga^d^ by'ue^*'
after they had fettled fome Things, they f bought Hoofe.
convenient to be fpoken of, they would fatisfy the
,King.'' ' ,
Sir Jdhn Elliot faid, ^ That in the great Bufineis of
.Tunnage and Poundage, the Inftruments thereof /
were moved at the Ijo^d Tuafurer^.s Command ;
•who difmayed the Merchants, invited Strangers
to come in to drive oat our Trade, and all to ferve ,
his own Turn / And thereupon offered a Remon-
ftranoe, which, being refufed to be read both by the
jSpeaker and Clerk, was reflored tohim again; and^
by bira, read in tbefc Words fpUowing.
Moji Gracitius Sovereign^
OURmoflloyal and dutiful Subject ^^tJ^knEWit
_ Commons in this prefent Parliament ^em-^J^^^^^
bled, being in nothing more careful than of the ing Tonnage an^
Honour and Profperity of your Majefty and the Poundage.
Kingdom; which depend upon that happy Union
and Relation betwixt- your Majefty and your
People, do with much Sorrow apprehend, that
by reafon of the Uncertainty of their Continu-
ance together, the unexpected Interruptions which
have been caft upon them, and the Shprtnefs of
^ Time in which your Majefty hath determine^ to
^ end this SeiTion, they cannot bring to Matjurity
* and Perfeftion diversBufinefftsof Weight, which
* they have' taken into their Cpnfideratioh and Re-
< folution, aa.moft important for the Common good*
' Amongfl other, things they have taken iota their
^ efpecial. Care the preparing aBiUfor th^ grants
< ing to your Majefty fuch a SuJDfidy of T^image.^
< axul.Poundage»fa$ ,inigbtr«Hrfi^,4y^U'^ Projfif^ 4nd
ff. Revenue, in as ample manner,, sm dieir juft Cara
X 4 ^ ^j^\
:y
m ^
I^P 328 7he Pariiametttary HmtKY
**4jC^>W.* and Refpca for Trade (whrrein not only tfaeProf-
* pcrity, but even the Life of the Kingdom dotb
' confiil) wuuld permit ; but being a Work, which
* will require much 'littie and Prcparatioji by Con-
» ferencc with your Majefty's Ofliceti, wid with
* the Merchants, not only of L^ndtm, but of other
* remote Parts, they fintl it not polEble to be ac-
* complithed at this U'ime. Wherefore, confider-
* ing it will be much more prejudicial to the Right
* of the Subje^s, if your Majcfty {hould continue
* to receive the fame without Authority of Law,
* after the Determination of a Seflion, than if there
' had been a Recefs by Adjournment only ; (in which
* Cafe that intended Grant would have related to
* the tirft Day of the Parliament) and alluring ihem-
* feivea, that your Majefty is refolved to obferve
* that your Royal Anfwer, which, you lately made
* to the Petition of both Houfcs of Parliament : Yet
* doubting lell your Majetiy may be milinformed
* concerning this particular Cafe, as if you might
' continue to take the SubfiUies of Tunnage and
' Poundage, and other Impofitions upon Mer-
* chants, without breaking that Anfwer ; they are
' forced, by that Duty which they owe to your
* Majefty and to thofe whom they reprefent, to de-
* dare, That there ought not any Impojitien to ht laid
* ' upon the Gasds of Merchants exparUd or imparted^,
* without eommon Cenfcnt by Afi of Parhamtnt ;
< which is the Right and Inhtritante of your Suh'
* je^s, grounded rial only, upon the me/i antimt and
* criginai Confliiiition of [his Kingdom, but eflM ctitr-
* firmed end declared in divers Statutes and Laws.
« And, for the better Manifeftation thereof, may
* k pleafe your Majefty to underftand, 'ITiat al-
* though your Royal Predeceflbrs, the Kings of diis
* Realm, have often had fuch Sibfidics and Impo-
* fitions granted unto them upon divers Occalions,
*■ efpecially for the guarding of the Seas, and Safe-
* guard of Merchants} yet the SubjeSs have been
*" ever careful to ufe fuch Cautions and Limitations
> in thofe Grants, as might prevent any Claim ta
iiif^iiehiade thaifuch Subfidies do proceed tromDuty,
!•>■»' 'and
<y E N G L A N D. 529
^ aid not from the free Gift of the Subje<Et ; and Aii«4.ClKRt!di |.
that they have, heretofore, ufed to limit a Time ^^**'
in fuch Grants, and for the moft Part but {hort^
as for a Year or two. And, if it were continued
longer, Acy have fometimes dire(^ed a certain
Space of Ceflation or Intermlilion ; that fo the
Right of the Subje£l might be more evident at aH
other Times. It hath been granted, upon Oc*
cafions of War, for a certain Number of Years ;
with Provifo, that if the War ended in the
mean time, then the Grant fhould ceafe ; and, of
courfe, it hath been fequeftred into the Hands of
fome Subje£b, to be imployed for the guarding
of the Coafts and Narrow Seas. And it is ac*
knowledged, by the ordinary Anfwers of your
Majefty's Predeceflbrs in their AiTents to the Bills
of Subiidies, proceeding from the Good-will of
the Subje£b : Very few of your Predeceflbrs had
it for Life, until the Reign of Henry the Seventh (
who was fo far from conceiving that he had an/
Right thereunto, that although he granted Com-^
mimons for the coiledmg of certain Duties and
Cuftoms due by Law, yet he made no Commiffi-
ons for receiving of the Subfidies of Tunnage and
Poundage, until the fame was granted unto him in
Parliament.
' Since his Time, all the Kings and Queens of
this Realm have had the like Grants for Life, by
the free Love and good Will of the Subje£t ; and
whenfoever the People hare been grieved by lay-
11^ any Impofitions or other Charges upon their
Goods or Merchandizes, without Authority of
Law; (which hath been very fcldom) yet upon
Complaint in Parliament, they have been forth-
with relieved ; faving in the Time of your Royal
Father, who (having, through ill Advice, raifed
the Rates and Charges upon Merchandizes to th^
Height, at which they now are) was yet pleafed
fo farto yield to the Complaint of his People, ^s to
offer. That if the Value of thofe Impofitions which
he had fet m^ht he mjE^egood unto him, be woold
f bbc)^ himfidf .9ndbi^s)0^t^ Aft^
IT
330 ^he Parliamentary \{i%ro%v
•TfXtiria I. « never lo lay any other ; which Offer the Cominont
' ■ ' at that Time, in regard of the great Burden,
' irat think fit to yield unto (d). .
' Neverthelefs your Loyal Commons in this Par-
' liament, out of their efpecial Zeal to your Sor-
* vice, and fpecial Regard of your preiKng Occa-
* fions, have taitcn into their Con fiderat ions, fo to
' frame aGrantof Subfidy of Tuntiageand Pound-
f * age to your Majefty, tliat you might have
* bccii the better enabled for the Defence of your
* Realms and yourSubjedb, by being fecured from
* all undue Charges, be the more encouraged, chear-
' fully to proceed in their Courfe of Trade ; by the
' Incrcafe whereof your Majefty's Profit, and lifce-
* wife the Strength of the Kingdom would be very
* much augmented ; But not being, now, able to
* accomplifll this their Dcfire, there is no Courfc
* left unto them, without manifeft Breach of their
* Duty both to your Majefty and their Country,
* '^ve only to make this humble Declaration, That
* iije' Receiving of Tunnage and Poundage, and other
*■ Impjiftthns, not granted by Parliament, is a Breach
* ef the ^Fundamental Liifertits cf thii Kingdom ^ and
* colifrdry to year Majefty's Royal Anfivsr to the
* Pefition of Right, And, therefore, they molt
* hi^bly befcech your Majefty, to forbear any fur-
* tlfcr receiving of the fame; and not to take it in
* ill Part from thofe of your Majefty's loving Sub-
* je£h, who fliail refufe to make Payment of any
* fuch Charges, without Warrant of Law demand-
* ed. And as, by this Forbearance, your moft
' Excellent Majefty fliall manifeft unto the World
' your Royal Juftice in the Obfervation of your
■ Laws; fo they doubt not but hereafter, at the
* Time appointed for their coming again, they'jhall
* have Occafion to exprefs their great Defire to ad-
* ' Vance your Majefty's Honour and Profit.'
leSpeibtr ic- Thiswas again offered to be put toQueftion ; but
' ■ the Speaker f^id, He was commanded otherwi/e by
tht King.
(J) See the ProcctilinyiipoB thijOtFer of Kjig7j"i« incur s«i
10m ■
did ■
aeftion iteie-
Of- E N G L A" N t>. * 331
M-rTo thisMr.SfWI^aafwered, yLx.Speaker^ * Ifyou A«* ♦•ChathpL
...wili not put the Qucftion, whiclj we command you^ '^^
we muft fit ftill ; and fo we ihall never be able to do
-affy ihmgi We fit here by Command from the
^Kii^, under the Great Seal; and as for you, you
jure, by b»s Majefty, fitting in his Royal Chair he-
r (ott l;K)th Hoafes^ appointed our Speaker : And do
you now refufe to be a Speaker?'
The Speaker replied , He had an exprefs Comrnand ^^^ off„ing to
fr$m thi Kingf /$ fion as he bad delivered his Mef- leave the Houfca
'f^g^i ^0 rife. And, thereupon, he rofe and left the '^ ^^^^ <*p^« *«
Chair J but was drawn to it again, by Mr. HoUeSy^^^^^^'
Son to the Earl of Clare^ Mr. FaUntiney and other
Members.
Mr. Holies (notwithftanding Sir Thomas Edmunds^
and other Privy Counfellors, endeavoured to free
.the Speaker^ (wore, God's Wounds^ ' He (hould
fit ftill, till it pleafed them to rife.'
• Then the Speaker, with abundance of Tears, an^
fwered, I will not fay ^ I will not y but I dare not ;
xiefiring that they would not command his Ruia
therein, in regard he had been their fait;hful Ser-
vant, and would facrifice his Life for the Good of
his Country,' but he durft not fin againft the ex«
pcefs Comniand of his Sovereign.
Mr. Selden replied, ^ That he ever loved bis Per-
Ton well, but he could not choofe but much blame
him now: That he, being the Servant of the Houfc,
ihould refufe their Command, under any Colour ;
and that hisObftinacy would be a Precedent to Pof-
terity, ifitfhouldgo unpunifbed: For that hereaf-
-ter, if we ihould meet with a diiboneft Speaker (as
we cannot pron>ife ourfelves to the Contrary} he
might, under Pretence of the King's Command,
refufe to propofe the Bufinefs and Intendment of the
Houfe: And therefore wifbed him to proceed.;
which he, ftill, refufed with Extremity of Weep-
ing and fupplicatory Orations.'
. Sir Peter Hayman^ a Gentleoikn of his own Coun-
try (e)^ told him, ^ He was forry he was his Kinf-
man^ fof that he was the.Difgrace of his Country »
/• • , ■ •• ^ -. - ■ ^ >.-■ ■ . . . ■ .
(eJiKtnu
33^ The Parliamentary HiSTOXY
Ib.4. Cbtilcil. juid a Blot of * noble Family ; and that all tlie In-
'*•*■ g>nvenicnces that ftould follow (yea tlicir Defiiijc-
tion) Ihould be derived to Pi;>iienty, as the IHiie of
hii ihlaxh, by whom be fliould be remembrcd with
Scorn and Difdaln ; and that he, for his Part, iince
he would not be pcrfuaded to do his Duty, thought
it fit he IhouM be called to the Bar, and a new
Speaker chofcn,'
In the mean time, fince neither Advice nor Threxfi
«ould prevail, Mr. HolUs was required to read cer-
• tain Articles as the Proteftations of the Houfej
which, jointly as ihcy were read, were allowed
with a loud Voice by the Houfe : The Effect of
which Articles are as foUowcih, viz.
» prete«it!on of t F'itQ, Whoever (halt bring in Innovation in
tebiE "tMi""' ' Keligjon, or by favour feek to extend or intro-
* duce Pofcry or Armin'tamjm, or other Opinions
' difagreeing irooi the true and orthodox Church*
*■ Ihal] be reputed a capital Enemy to this Kingdom
' and Commonwealth.
•Secondly, Whofoever fliall counfel, or advife,
* the taking and levying of the Subfidiesof Tunnage
* and Poundage, not being granted by Parliament ;
* or fhall be an Adtor or Inftrument therein, fliali
* be likewife reputed an Innovator in the Govern-
' mcDt, and a capital Enemy lo this Kingdom and
* Commonwealth.
' Thirdly, If any Merchant or other Perlbn
* whatfoevcr, Iball voluntarily yield or pay the laid
* Subfidies of Tunnage and Poundage, not being
* granted by Parliament ; he Iball, likewife, be re-
* puted a Betrayer of the Liberty of England-, and
* an Enemy to the fame.'
ri«Kin|ftnJ5 Thcfe being read and allowed of, the Houfe rofe
W ihe Serjeint. ^p^ ^fjg^ (jj^y ^^^j fmefj (jowH cwo Hours ; and ia
the mean time, the King hearing that the Houfe
continued to f)t, notwichltanding his Command for
the adjourning the Houfe, fent a Meflenger for the
Serjeant with his Mace; which being taken from
the Table, there can be no further Proceedings:
But the Serjeant was, by tbc Houfe, fiay'd \ and
0/ EN GLAND. 333
Ae Key oT the Door taken from him, and given to An. 4.Char2eit«
a Member of the Houfc to keep. '^**'
The King fent Mr. Maxwell for the Diffolution of g^^^ ^e bcingdc-
the Parliament with bis Black Rod; but being in-tained, fendttlM
formed, that neither he, nor his Mcflage, would fjl^j^^^^
be received by the Houfe, he grew into much Rage; thcDoor.
and fent for the Captain of the Penfioners, and
Guard to force the Door 5 but the Rifing of the
Houie^ wbrch was adjourned to the Tenth <rf March^
prevented the Inconveniences and Mifcbiefe [Blood*
ihed] that thereon might have enfued.
On the 10^** Day of Marcb^ his Majefty came
to the Houfe of Lords, the Peers being in thefa^
Robes, and many of the Commons being at the
Bar of that Heufe s and fpake as fottoweth ;
My Lords,
INevir cmm hen upon fo wipleafing an Occafton^ TheKlng't
k being for the Dijfolutien $f the Parliament j Speech at the
therefore many may wonder^ why I did not rather ^f^^l^^
chooTe to do this by Commffon ; it being a general Maxim
of KingSy to lay harjh Commands by their Minifiers^
themfelves only executing pleafng Things. But confi-
dering that Jufiico is as well anfwered in commending
and rewarding of Virtue^ as punijhittg of Fice^ I
thought it necejary to come here this Day ; to declare
to youj my Lords, and all the TVorld, that it was
only the dif obedient Carriage of the Lower- Houfe that
hath caufed this Diffolution at this Time ; and that
you, my Lords, are-fo far from being Qaufers of it,
that I have as much Comfort in your Lordjhips Car^
riage towards me, as I have Caufe to dijlajle their
Proceedings. Yet, that I may be clearly underjiood^
I muft needs fay, that they do mifiake me wonderfully,
that think I lay the Fault equally upon all the Lower*
Hnefe \ for as I know there are many as dutiful and
loyal Subje&s as any are in the JVorU'/fo I know that it
was only fonn Vipers amongfi them, that had ca^ this
Miji of Difference before their Eyes ; although there
^Bt^re fome amongfi them, that would not be infected
with this Contagion I infomucb, that fotm iy their
fpeaiing (which indeed was the general Fault of the
I Hou^^
336 7be Parliamentary Histortt
i.< good to Tet liown tiuis much by vtxf ofDeda'
< ration, that We may appear to the World in the
* Truth and Sincerity of Our A<5tions, and not
' in thoTe Colours in which we know fomc turbu-
* lent and ill-aiFe^tetJ Spirits (to mafque and dif-
* guire their wicked Intentions, dangerous to the
' State) would reprcrcitt Us to the publxlc View.
' We aflembk-d Our Parliament die 17* Day of
' March, in the third Year of Our Reign, for the
' Safety of Religion, fox fccuring Our Kingdoms
' and Subjefls at Home, and Our Friends anii Al-
* lies Abroad. And tiierefure at the firil Sitting
' down of it. We declared the miferable affliiled
' Eftatc of thofe of the Relbrmed Religion in Ger'
* many, France, and other Parts of Chriflondom ;
' the diflrciTed Extremities of Our deaiefl: Uncle,
* the King of Denmark, chafed out of a great Pan of
* his Dominions ; the Strength of that Party which
' was united againftUs; That (befides the Pope
' and the Houfe of Aujlr'ia, and iheir ancient Con-
' federates) the French King profcfied the rooting
' out of the Proteflant Religion ; That, of the Prin-
* CCS and States of Our Party, fome were over-tun,
* others diverted, and fome dilabled to give Allif-
* tance. Ffcir which, and other important Motives,
* We propounded a fpeedy Supply of Treafure, an-
* fwerable to the Neceffity of ilie Caufe.
' Thefe Things, in the Beginning, were well re-
* fented by theHoufe of Commons, and with fo much
* Alacrity and Readinefs, that they agreed to grant
* 3 liberal Aid : But before it was hr<ujght to any Per-
' fe£Uon, they were diverted by a IVluJtitude of
' Quefiions, raifed amongll them, touching their
' Liberties and Priviledges, and by other long Dif-
* putes, that the Bill did not pafs in a long Time;
* and by that Delay, Our Affiiirfl were put into a
* far worfc Cafe than at the firft; Our foreign AiSi-
» ons Hien in hand, being thereby difg raced and ruin-
* ed, for want of timely Help. . ;
* Inthis, as Wearenol wiliingtoderogatelrafti'^*
' the Merit anil good InCeiuions of tliofe wifeluti' I
* moderate Men of chat Houfe (to wbofe Forwvtt- «
'■ndV*
O/" E N G L A "N D. 337 ■
* nels We attribute it, that it was propounded and An. 4. ChirlnT'
* rdblvcd fo loon) fc We oiuft needs fjy, thai the '***'
* Delay of palling it when it was tefolved, oc-
* calioiied by cautlefs Jealoufies, liirrcd up by Men .
' of another Temper, did much leflcn both theRc- ^
' putation and Reality of that Supply. And thi'ir I
* Spirit, inlufed into many of the Commjffion^ra ^^^^^B
* and Affsilbn in the Country, hath returned up ^^^^^|
* tlieSuhfidics in fuch a fcanty Pit^ortion, asisih- ^^^^^H
* Hnilcly ihort, not only of Our great Occafiuns, ^^^^^H
' but of the Precedents of former Subiidics, and f>( ^H^^H
< the Intentions of all well-afleiftcd Men in tlut ^^^^H
< Houfe. ^^^H
' In thofe large Difputes, as We permitted many ^^^^^|
* of Out high Prerc^atives to be debated, which in ^^^^^|
* thebellTimesofOur Predeceflbrshad neverbeeii ' ^^^^^|
* quedioned, without PuniOimcnt or fharpRctTooT; ^^^^^H
' fo We did endeavour to have ibotcned thofe De- ^^^^^|
* bates, for winning of Time, which would have ^^^^^|
* much advantaged Our great AAairs, both at home ^^^^^|
* and abroad. And theretbre, boih by Speeches and ^^^^^H
* Mellages, Wc did often declare Our gracious and ^^^^^H
* clear Rcfolution, to maintain not only the Parlia- ^^^^^H
' ment, but all Our People, in their antient and ^^^^^H
' juft Liberties, without either Violation or Dimi- ^^^^^H
' nution ; and in the End, lor their full Satis fudlion ^^^^^H
' and Security, did, by an Anfwer, framed in the ^^^^^|
* Form by themfelves defcrcd, to their Parliamen- ^^^^^H
^ tary Petition, conlirm their anticnt and jult Li- ^^^^^H
' berties and Rights, which Wc refolve, with all ^^^^^M
* Conflancy and Juftice to maintain. ^^^^^H
' This Parliament, howfocver, bcfides the feeling ^^^^^|
■ Our nccefTary Supply, and their own Liberties, ^^^^^|
* wafted much Time in fuch Proceedings (bhU- ^^^^^H
' ingOurGovernmcnt, as We are unwilling to re-' ~^^^^^H
* member) yet We fuffered them to fit, until tkem- ^^^^^H
* felvesdefiredUs toappointaTimefortheirReccft, ^^^^^H
* not namtngeitherAdjourmnent orProrogation. ^^^^^H
Whereupon by Advice of Our Council, We re-' ^^^^^H
' folvcd to prorogue and m:^e a SelTion ; and to thar ^^^^^^|
* End prefixed a Day, by which they might (as' T^^^H
* was meet in fo long a Sitting) finifli fome profit- M
Vol. VIU. Y ' *\i\'a ^ M
336 T'lJ^ P&rliameniary History
■.♦,Ch»ilnl.' good to fet down tiius much by way of Doda*
'***■ ' ration, that We may appear to the World in the
* Truth and Sincerity of Our Ailions, and not
' in tbofe Colours in which we know rome turbu-
* lent and ill-afTeifled Spirltii (to ntafque and dif-
* guife theii wiclccd Intentions, dangerous to the
' State) would repccfcnt Us to the publ.ck View.
* We aflimbkd Our Parliament the i f' Day of
» March, in the third Year of Our Eci^, for the
* Safe^ of Religion, foi fccuring Our Kingdoma
' and Subjedb at Honie, and Our Friends and AJ-
* lies Abroad. And therefore at the firft Sitting
* down of it, VVe declared the miferable affli6ied
* Eftate of thofe of the Reformed Religion in Gfr-
* many, France, and other Parts of Chiiftendom ;
' the diArelTed Extremities of Our dcarcfl; Uncle,
* the Kuig of iJowBuri, chafed out ofa great Part df
* hisDominions; the Strength of that Patty which
* was united againftUsj That (befides the Pope
* and the Houfe of Aujlria, and their ancient Con-
* federates) the French King profcffed the rooting
' out of the Proteftatit Religion ; That, of the i*rin-
* ces and States of Our Party, fome were over-run,
* others diverted, and fome dilabled to give Affif^
* tance, Fpr which, and other important Motives,
* We propounded a fpeedy Supply of Treafurc, an-
* fwcrable to the Neceffity of the Caufe.
' Thefe Things, in the Beginning, were well re-
* fentedbytlie Houfe of Commons, and with fo much
* Alacrity and Readuids, tha they agreed to grant
* a liberal Aid: But before it was brought to any Per-
* fcftion, they were diverted by a Multitude of
* Queffions, raUed amongft them, touching their
* Liberties and Privilcdges, and by other long Dif-
* putes, that the Bill did not pafs in a long Time;
' and by that Delay, Our Affairs were put into a
* fiir worfcCafe than at the firft; Our foreign AiSi-
* ons then in hand, being thereby dilgraced and ruin-
' cd, for want of timely Help.
* In this, as We are not willing to derogate fro&i '
, * the Merit and good Intentions of rliofc wiTe-wil' '
'• moderate Men of UutHoufc (to whofc Forvnvd-' '
O/^ E N GL A^NO. '33^
;o .r,To thisMr.SfWbaafwered, Mr.Spdaier^ « Ifyou ^^^^*^*
>.will not put the Queftion, whicl^ we command you^ '^*^*
we muft fit ftill ; and fo we ihall never be able to do
*afl[y ihing. We fit here by Command from the
^£ing, under the Great Seal; and as for you, you
•are, by )i»s Majefty, fittkig in his Royal Chair he-
' Yor^ both Hoij^e, appointed our Speaker : And do
you now refufe to be a Speaker ?'
The Speaker rejdied. He had an exprefs Command ^^^ offcrini to
fr$m th§ King^ fr fom as he bad delivered his Mef- leave the Houfc
*fagei terife. And^ thereupon, he rofe and left the « l>e^d <*P^» *"*
Chair J but was drawn to it again, by Mr. Holies y^^^ ^^^'
Son to the Earl of Ciare^ Mr. FaUntiney and other
Members.
Mr. Holies (notwithftanding Sir Thomas Edmunds^
and other Privy Counfellors, endeavoured to free
.the Speaker;^ (wore, God's Wounds ^ ' He (hould
iit ftill, till it pleafed them to rife.'
« Then the Speaker, with abundance of Tears, an^
fwered, / will not fay^ I will not^ but I dare not ;
4}eiiring that they would not command his Ruia
therein, in regard he had been their fait;hf^l Ser-
vant, and would facrifice his Life for the Good of
his Country,* but he durft not Hn agaioft the ex«
prefs Comniand of his Sovereign.
Mr, Selden replied, ^ That he ever loved his Per-
fon well, but he could not choofe but much blame
him how: That he, being die Servant of the Houfe,
ihould refufe their Command, under any Colour ;
and that hisObfiinacy would be a Precedent to Pof-
terity, if it fhould go unpunifhed : For that hereaf-
'ter, if we fhould meet with a diiboneft Speaker (as
we cannot pron>ife ourfelves to the Contrary} he
might, under Pretence of the King's Command,
relufetopropofe the 3ufinefs and Intendment of the
HouJCb: And therefore wifbed him to proceed;
which he, ftill, refufed with Extremity of Weep-
ing and fupplicatory Orations/
. Sir /^^/«r/foy;i2fl«;, a Gentleman of his own Coun-
try (e)^ told him, ^ He was forry he was his Kinf-
man, fof that he was the.Difgrace of his Country,
(eJiKani
338 I'ht Pdrlidmeitfgry HiSTQjcr ^M
■ < able and good Laws; and witbaj gave Order ft{M'
* a gracigus Pardun Walt Our Subjctas ; whiph,,ac-
* cording to the Ufe of fwrmcr Parliaments,- p '"
' the Higher Houfc, and w.ii fcni duwn to tli^ it
' mons. All which being gracioufly intenda
* Us, was ill entertained by fome dilaffeflRd.,
* lofis of chat HoLifi;, wlii> by their, Anj(ic^,,jp^.
, * (hortTiine, raifcd fo inucLi Heat and t)itK;iRpf!rv>
< titc Houfe, tor iio other vtiible Caufct but hfiCfi^f^
* We had declared Our Rclulution to prorctgiiiw^ .as
* OurCuuncil advifcd, and not toadjoucni^lo^c
* of that HoufL' (alter Our Rcfoiutiun declare^, and
* not btfurc) did maiiifcftthcmftlvesto aCFcct ^jcl^t
* feldciin hath greater Palliun been fecn ia tjjlt
■ Huufe upon the grcatell Occafions. And fbn^
* Glancet in the Houfe, but upon open Rumt^un
* aljroad, were fpread, That by the Anfwer tc; ipc
' Petition, We had given away, not only QfuSi^-
* pofitions upon Goods exported and importqdf. b^t
' tlie Tunnage and Poundage ; whereas in tfac Oe-
* bate and Hammering of that Ptiition, dieve was
* no Speech or Mention in either Houfe conceraing
' thole ImpuHtions, but concerning Taxes and other
' Clwrgcs within the Land ( much lefs was there any
* Thuught tliereby to debar Us of Tunnage and
* Poundage, which, both bcfijre and after the Aii-
* fwer to that Petition, the Houfe of Commons, in
* ail their Speeches aiid Treaties, did profdj tbej
* were willing to grant. And at the famcTuact
* many other Mifinrerp relation! were raifed.of ^hU
* Petition and Anfwer, by Men nut well dUlingui^-
* ing between well-ordered Liberty, and Liceuci-
* oufnefs) as if by Our Anfwer to that Pctitiop,
'. Wcliad let loofe the Reins of Our Governmcot.
'..And in this Diftemper the Houfe of Commons,
•.laying afide the Pardon, (a Thing never done in
'*^aiiy former Parliament) and other Bidine Is iit to
N have been concluded in thatSeiTion, fome of them
'■*. went about to frame and contrive a Rcniyiilhancc
■^i^jainft Our receiving of Tunnage and Poundage j
' '. which was Co tar proceeded in, the Night belorc
' tlic pri.ii.\edTinicfo[concludingche£e£Dii> and
^S h
Of E N G L A N' D. 3J9
fti hafineii by the Contiivers thereof, that thoy^"'
meiint to luvc put it to ihe Vote of the Huufe ifie
nexc Morning, before We flioiilti prorujue that
Seffion. And therefore finding Our gracious F^i-
voura in the Seffion, afforded to Our People, lb
ill requiteii, and fuch finifler Strains made upon
Our Ajilwer to that Petition^ to the Diminution of
Our Profit, and (which was more) to the Danger
of Our Government ; We refolvcd to prevent il e
finifliing of that Re iiionft ranee, and other danger-
ous Intentions of fome ill-aft(;61ed Perfons; by end-
ing theSeflion the next Morning, Ibnie few Hours
fooner than was expeiSed ; and by Our own
Mouth to declare to both Houfes the Caufe there-
of; and for hindring the (preading of thofe finifler ,
■ InEerpretations <i{ that Petition and Anfwer, to
give fome neceiliiry Direilions for fettling anJ
quieting Our Government, until another Meet-
ingi wiiich We performed, accordingly, the Six
■ and twentieth of June laft.
* The Seflion thus ended, and the Parliament,
' rifen, that iiitended Remonftrance gave Us Occa-,
' fion to look into the Bufinefs ofTunnageand
' Poundage, And therefore, though Our Neceffi-
' tics pleaded ftrongly for Us, jet We were not
' apt to flraln that Point too far, but rcfolved to
' guide Ourfeif by the Prafliceofformer Ages, anc(
' Examples of Our moft noble Predecefibrs; think-.
* ing thofe Counfels befl: warrajilcd, which the Wif-
* dom of former Ages, concurring with the prefenf
' Occafions, did approve -, and therefore gave Ordef ,
* for a diligent Search of Records: Upon which it'.
' was found. That although in the Parliament holdcii ,
' in the firit Year of the Relgh bf King Ediuari
* the Fourth, the Subfidy of "t'unnage and Pound*
' age was not granted unto that King, but was firff
' granted unto him b/ Parliament in the third Ycaif ,
' of his Reign' ; yet the fame was' accouiited and -i
' fwered tO that King, from "fhS firfi Day of his.|
' Reign, all the fiifl and fecond Years of his Reign,' f^
* and, until it was granted by Partiament. And that
* in the fuccceding TimW 6f. Kihg Ri:hard the
Y 2 * T\^wi-v
'h'^^$m
J40 7'*'* Pirfitfidipflflr/^IHJsTbAY
A»4.CbuUit.* Third, ECing Henry thcScvcncbi (^^''^ilhlp^'thr
'♦»'■ • Kightis King e^tu/^rrf tbc Sixth; QiJcewiWyf/,
< and (^itca^HJizaicih, iba SuMJdyi o^-'TaMliUjfc
* and Pouiidags was nnt only eajojloJ 'b^dvwyrf
* tliofeKingi and (jiiceiis, from iheDeathoFcBefa
* of tli«n4JcceijriF)n;, until ir wus gran Led hji.f^uiliik
* ment uiito ihe Succcffor^ but m altttaoTe TimeS,
t being fbr the moil p::tt peaccjhic, addnotibuf'
t dened with like Clur^cs sihI Necefliliet, atitticfe
:* moderrt Tiinei) the t^arliaiiient did moft'rctdily
V* and dieariutly, in the Buglnniug of (.'veiyottfaofe
-f.'Riu^iuv grant ihe fame, as a tiling nioft^oaCB&iy
~i Sat the guarding «f tlic Seas, cbe Safety^ andiDi-
-1 , fence of the Realm, and the Support: of thefibyal
/-.Dignity. And in iheTimcof OurRoyalFadierof
L^.blcdedMemory, he enjoyed the fame a full Year,
.fwantingvcryfew Days, before his Parliament be-
* :gan; and above a Year before the Aii of Parlia.
* mpnt for iheGrant of it waspafled. And yetwhm
-J the Parliament was aflimhled, it was granted with-
*. out Difficulty. And in Our own Tiine,We ^etly
L* received the fame three Years and more, eXfcSt-
': Jng with Patience, in feveral Parliamentsjlhelike
* OraJit thcrcof,as had been madeioforaanyofOar
■■^. Pi edeceflors ; the Houfe of Commons ftill pnlfef-
^^. fmg, That Multitude of other Bufinefles, and iiO[
■ *■ want of Willingnefs on their Part, had cau&d the
: • ftttling thereof to be to long deferred. And there-
I'^^fore tinding fo much Rcafon and NccelTity* for
1 ', the rcceivLig of theordinary Duties in theCiiflom-
;* Houfe, toconcurwith the Pradiceof fuchaSuC-
* ceflion of Kings and Qiiecns, famous for Wjf-
^*! dom, jufljce, and Government ; und nothbig to
**,xhe Conitary, but that intended Remonftranci:,
1* hatched out of tliepaflionate Brains ofa fijwpar-
■. * ticuLtr Pcrfonii; We thought it was fo far Aom
t ^i tb<* Witdom aod Duty of a Houle of Parliament,
-■:*■ as we could iiotthinlc, that any moderate and dif-
-*. treetMan, (upon compofed I bought s^ letting afide
t* Poflion ajid Diftemper) could beagalnft reccivifle
*i of Tunnagcind Poundage ( efpecialJy fiilc«>^Vc'
* do, and ^ill CDuft puiliic tbofc i.iulsy aniL'ii^niei^'
* thai
v«l^;;ElN.^i^^a>N^D.V -341
ftt thatCti^f eifi fioe wWdi-iitiwaB-ffrft grahwd to the ^m, ci.«l
'^oootiiiackl to. otUrPredecctTuts, as iliiit,'i'n'four fe-
fij vw»l AiSts'of Parliartii-'nt for ibc griotiog tbeiKiif
4:>xa King Kdwa'd the bixtli, Qiiecii Afore, Queen
4ii£/ikaAtii, and Our bklTed /'flf/jw ; ic is* in ex-
.f-jprefs TtiTOJ, mentioned to have h ceo had ai]d -^— -
f udra|ij>yeii ^y ihe le venal ICings; named in [bofeAiSh, ^^^H
^3(Finie out of Mtnd, b^^ Aulliorilv of Patliaimiit. ^^^H
iliIAnd tbciefttrc i^ioii thefe ReafonSj We bald it ^^^|
^i.^vecabic toOur KinglyHonour, and neccflufy ^^H
^Jbr the Safety and Good of OurKingdnoi^ to con- ^^H
4<lliilue tbe Receipt thereof, as ia many ofUur Pr6- ^^^|
^v'deicel&re bad done. VVhcrtfure when a few iVler- ^^H
1^ -cfaants (being at tirA but one or two) fomented, ^^H
r^eaa it \s wcJl Icnown, by thofe evil Spirits, that would ^^H
A';haire batched tljut undutiful H-emunftr^nce, begiln ^^^|
-Eille oppofe tlte Payment of Our iceuftomed Duties ^^^|
ijl!) in theCuftom Houfe, We gave Order to the Of- ^^H
*:^ersof Our Cuftoms to go on, notwithllatidirig ^^^|
.*'lhat Oppolition, in the receiving of tbe nliial Dt' ^^^|
f_>ties; and caufed thofe, tliat retufeJ, to bcwarntfd ^^^H
*f to attend at the Council Board; that, by the VVif- ^^H
*< dom and Authority of Our Council, they mi^t ^^H
*■ be reduced to Obedience and Duty ; where funis ^^H
* of them, vitbout Reverence or Refpei^ to the ^^^|
' Honour and Dignity of that Prefence, behav04 ^^H
- 4 themfelves with fo much Buldncfs and Infolency bf ^^^|
.it Spoecb, as was not to be endured by a far meaner ^^^|
fiAflembly; much leU to be countenanced by'a ^^^|
-Ktfloaf^of |*arliament,3gainjl thcHodyofour Privy ^^^|
■ If .^i^ouncil. ^^^1
L 1 ;^And as in this Wc did, what in Reafon and Ho- ^^H
^-^Hiwtnr: was fit ios die prefent, fo OurTliougltt* ^^^|
fi:yiBK daily intent ive upon the re^aiTemblia^^ of Onr ^^^|
.'it'.Padiament; with full InteniioniaaOurParc, to ^^^|
.ih-jtnkcaway all ill: Underiianding between Us and ^^^|
■ ift'Our Pco^; w!)ofe Lo^Y, at VVeJcfnedtu coA- ^^^|
?K<fCinueaad prdcfve, fo VVp ufed Uur 6elfc Eodea- ^^^|
i^i'VOun to prepare sad faetlitaie the Way to it. And ^^^|
-f-'tU'ihis Erui, having btlteo a Urti^ and cxadt Sur— ^^^1
* vey of OuriiovctvAicnt, bodkio the Uturchand
Y 3 * C^imr
542 Tie Parliament ary HiSTbRY
Cemtnon-^WesiIth, and whswThSritg»iweftf vnoft Itt
and ncceSkty to be fefefmej : We fionnld, -in the
firft Place, that much Exception hsuMmfai tftkcn
at a Book, entitulsd JffilU Gig far tm^ oKf^ydnAf-
piol to Ca/ar; and pubiiAed in the Year '1615.
by Richard AI$nttgui^ then Bstcheiop^rfUMMhit^,
zndfiowBUhopofChichf/fir', aildtweiuiie'k did
open the Way to thofe Schifni» ahd^'Oioifioni,
which have ftnce enfued in the Church, 'l^edidi
for Remedy and Redrefr thereof, and ftMc die Sa-
tisfafiion of the Coniciences of Our gwdPeo*
pie,- not only by Our publick Prbchnution^ caD
in that Book, which miniftcred Matter of GMfenct;
but to prevent the Kke Dangers horeaftc^i k-
printcd the Articles of Religion, efiabl^Mlin die
Time of Queen Elizabeth of famou8<MtflB6ry;
and by a Declaration before thofe Aiticke^ Wk did
tie and reftrain all Opinions to the SenfrofUK^
Articles, that Nothing might be left Ibr iprivate
Fancies and Innovations. For, we call tOM to
Record, before whom We ftand, that it island
always hath been. Our Hearts DeAre to be found
worthy of that Title, which We account tbdkndft
glorious in all Our Crown, DeftmUr rfthi Faitb,
Neither (ball We ever give way to the authorifing
of any Thing, whereby any Innovatfon amy Anl'Or
creep into the Church ; but to preferve Chat Unity
of Dk)drine and Difcipline, eftablifliedin tfatt Time
of Queen Elizabeth^ whereby the Churd) ^Mng-
land hath ftood and (loariihed ever fuice. ' *
* And as We were careful tomakeupallBrtMches
and Rents in Religion at Home, fo dki Wm^ by
Our Proclamation and Commandment, bn Ac
Execution of Laws againft Priefts, andBbpift
Recufants, 'fortifie all Ways and AppeoBches
agathft that ' foreign Elsemy ; which if il have' not
fucceeded according to Our Intention, W^oioft
lay the -Fault where it ia; in the fubordtnaie.Of-
ficcrs, and Minifters in the Coimtry, byiiriurfe
Remifncfs,' Jisfoits Md > Priefts efcape without
A^prehenfioAi and KcouGuits, fromthe^rCan-
vii^As and F^naUies^ whidi the Law.4UHUOiir
^Command*
0/ E N G L A N a 335
Ani therefore^ on the five-and twentieth Day ^ Fc- A"' 4- Chirles I.,
bruary lajf^ by the uniform Advice of Our Privy
Council^ Wecaufed both Houfes to be adjourned until
tbisprefent Day\ hoping^ in the mean time^ that a
better and more right XJnderJianding might be begot"
tpi between Us and the Members of that Houje ;
whereby this Parliament might have a happy Mnd
and IJftie^
,:Andj for the fame Intent^ We did again^ this
Day^ command the like Adjournment to be made^ un*
til the tenth Day of this Month : Tet it bath fo bap-
penedy by, the difohedient and feditious Carriage^ of
tbofe faid ill-affeHed Per fans of the Houfe of Com-
nma, that IVeandOur regal Authority and Command-
nwit have been fo highly contemnedy as Our kingly
' Office camot bear^ nor any former Age can paraleL
And therefore it is Our full and abfolute Refolution
to diffolve the faid Parliament ^ whereof We thought
good to give Notice utdo all the Lords Spiritual and
Temporal^ and to the Knights^ Citizens^ and Bur^
gejffes of this prefent Parliament^ and to all others
whom it may concern ; that they may depart about their
needful Affairs^ without attending any longer here.
Neverthelefsj We will that they^ and all others Jhall
takeNotice^ that We do^ and ever will difiinguijh be^
tween thofe^ who have Jhewed good AffeSfion to Religi-'
gion and Government ^ and thofe that have given them*
fehes over to FaSfion^ and to work Dijiurbance t$
the Peace and good Order of Our Kingdom.
Givea at Our Court at Whitehall, this fccond
Day of March, in the fourth Year of Our
Reign of Great Britain, France, and Ireland.
• Sdon after the Diflblution of the Parliament came
out, ^Ifo, tht following Declaration :
jff/f. JVIajesty'i Declaration to all his Icving
. iuhjeffs^ of the Caufes which .moved him to diffolve
. ^e.lqft Parliament, March lo. i6a8.
* TrTOwfpever Princes are not bound to give The King's De-
* JLi Account <>f their Anions, but to God- alone j j|=»";io« <^ the
* yirt, ,if>iM &i|isf^£^.Qf the Mind* iind Aflfec DiffdutioV''*'
* tkwof^OttijUivingiSuloca^^Wdi bav^- thought ^
,. V « g)od
336 the Parliamentary HisTour
|b.^Chailnl.t gQQtj to fct down titus Diucb by ws^ of Dccla-
^*^ * ntion, that Wc may appear to riie World in the
* Tiutli and Sincerity 0/ CXir Aftioiis, and not
* in thofe Colours in which we know fomc turbu-
' lent and ill-afFe£ted Spirits (to mafque and rfif-
* guife their wicked Intentions, dangerous to the
' State) would rcpccfcnt Us to the pubLck View.
' We aflembkd Out Parliament the 17"^ Day of
' March, in the third Year of Our Reign, for the
' Safety of Religion, for fccuting Our Kingdoms
* and SubjeiSts at Honie, and Our Fiienis and Al-
* lies Abroad. Atid therefore itt the liril Sitting
* down of it, Wc declared the miferable afRlAed
* Eftate of lliofe of the Reformed Religion in Ger-
* many, France, and other Parts of Chriftandom ;
' the diflreffed Extremities of Our deareft Uncle,
* the King of Denmark, chafed out of a great Part oif
' his Dominions ; the Strength of that Party which
' was united againll Us; That (bcfides the Pope
' and the Houfe of ^«/7r((r, and theirancientCon-
' federates) the French King profefled the tooting
' out of the Proteftant Religion ; That, of the Prin-
' ces and States of Our Party, fome were over-run,
* others diverted, and fome diiabled to give Aifif*
* tance. Fcr wiiich, and otlier important Modi'cs,
* We propounded a fpeedy Supply of Treafure, an-
* fwerable to the Neceffity of the Caufe,
' ThefeThiii^, in tlie Begiimiiig, were well re-
' fented by the Houfe otCommons, and with fomucli
* Alacrity and Readinefs, that they agreed to grant
* a liberal Aid : But before it was brought to any-Per-
* fe£Uonf they were diverted by a Multitutfe of
* Queftions, raifed amongfl them, touching their
* Liberties and Priviledges, and by other long DB^
* putcs, that the Bill did not pals in a long Time j
* and by that Delay, Our Affairs were put into a
' far worfcCafe than at the firft; Our Ibretgn A£K-
' ons then in hand, being thereby difgraced and luin-
» ed, for want of timely Help.
' In this, as We are not willing to derogate from
, * the Merit und good Intentions of diofe wife tnd-
*• moderate Men uf that Houfe (to whok Forvnsd-
h ' ■ neftr i
0/ E N G L A K D. 337 ■
■ ncfe We attribute it, that it was propoundeJ and An.*, Chiriwi"
' lefuivctt fo loon) Ca We moft needs liy, that the '***■
' Delay of paffing it when it was rcfolved, oc-
* calioned by caullefa Jealoufics, rtirred up by Men
' ot" another Temper, did much ieflcn hoth iheKe-
' putation and Reality of that Supply. And their
' Spirit, inluled into many of the Commiflion^rs
* and Aflcflbrs in the Country, hath returned up
* the Subfidiea in facli a fcanty Proportion, as is irt-
* finitely ftiort, not only of Our great Occafions,
* biit of the Precedents of former bubfidies, and 6(
* the Intentions of all wcll-uffeittd Men in llmt
* Houfc.
* In thofe large Difpufes, as We permitted many
* of Our high Prerogatives to be debated, which iU
' thebeftTimesofOur Predcceflbrshad never heeii'
' queftioned, without Punifhmcnt or ftiarp Reproof;
' fo We did endeavour to have fliortned thofe De-
* bates, for winning of Time, which would have
* much advantaged Our great Aifairs, both at home
* and abroad. And therefore, both by Speeches and
* Meilages, We did often declare Our gracious and
* dear Refolution, to maintain not only the Parlia-
' ment, but all Our People, in their antient and
' juft Liberties, without either Violation or Dimi-
' nution ; and in the End, for their full Satisfudtion
* and Security, did, by an Anfwcr, framed in the
' Form by themfi^lves dcfired, to their Parliamen-
' tary Petition, confirm their antient and juft Li-
' bcrties and Rights, which We refolve, with all
' Conftancy and Juftice to maintain.
' This Parliament, howfocver, bcfides the felling
■ Our neceflary Supply, and their owrn Liberties,
' wafted much Time in fuch Proceedings (blaft-
' ingOur Government, as We are unwilling tore-'
' member) yet We fuftercd them to fit, until them-
' felves defiredUs to appoint a Titiie for their Rccefe,
' not naming either Adjournment or Prorogation.
Whereupon by Advice ofOur Council, Wc re-
' folved to prorogue and mijce a Seffion i and to that
' End prefixed a Day, by which they might (as'
' was meet in fo long » Sitting) finifli fome pro^i-
Vol. yiii- Y ' *u^
' 34*^ 'the P^liatftatfiary'trTt'foRY
*AC^Omt)«iI.* to be re flored, which, upon Com nundtntnt from
'**^ • Us, or Out Council, were ftaycd by Our Officers,
■ tiutil thofe Dmlc3 wen; paid; TUiA conieqiientlj
* Oioultl putOurfelveiOutot'tbcPo&ffionof Tun*
* rage and Poundage, before they were g^rantcd*;
' for elfe, it was pretended, the Subject flood jiot
* in fit Cafe to grant it. A Fancy and Cavil raifeiJ
* of Purptife to trouble the Buriiiefe j it beixig «vr*
* dem, that all the Kings before-named did receive
* that Duty, and were in aiSual PolFefiicm OJ it*
« before, and at the very lime, when itwas grant-
* ed to them bv Parliament. And allhougb We,
* lo remove aii Difficulties, did from Our 0)vn
* Mouth, in thoie clear and open Tcrmi that
* mi^^ht ha?e farisftcd any moderate and vdl-Aif-
* pofcd Minds, declare, That il was Out Meanings
' by the Gift of Our People, to enjoy it ; and tfaat
* We did not challenge it of Right, but toot it de
* A-ftn iffe, (hewing thereby, not the Riglit but - tbf
* Ncceflity by wluch We were to take it, (wbae«
* in W« defcended, for their Satisfadion, lb ^r
* beneath Ourfelf, as We are confident, never anjr
* of Our Predeceflbrs did the like, nor was the like-
* ever required or expend from them. Yet for
■ all this, the Bill of Tunnage and Poundage was
* laid afide, upon Pretence they muft tirft cleartbe-
* RightoftheSbbjeiithereini under Colour where'
* of, they entertain the Comptaiots, not on^ of-
« Jahn RalUi, a Member of their Houfe, but alfiy
* of Richard Chamben, John Ftrwie!,zt)A Barthtio-
* tnnv Gilman^ againfl the Officers of Oui Cuftoms, -
* for detaining their Goods, upon Refufal toi pay
■ the ordinary Duty, accuflorued to be paid for ^
* fame. And upon thefe Complaints, they fend
« for the Officers of the Cuftoms, enforcing tfaem
* til attend, Day after Day, by the Space of a Month
' together ; they caufe them to produce their Let-
* tcrs Patent under Our Great Seal, and the War- ■
* rants made by Our Privy Council, for levying of ■
* thofe Duties. They examine llie Officers upoit ■
* what Q^teAions- they pleafe, thereby to emxaip
■'UkM t6r4oil>g Out Service and ConouuidnisBti *
,.ii. -. < • « Jja
P ©/• E ^f G L A N D. 347 ^
• In thefe and other their Proceedings, becaufe VVp A«.+:Ch4d«L
• would not give ihe leaft Shew of Interruption, ' *"
^I'W'e endured long-, with much Patience, both tiiefe,
•fi a6d iiindry other ftrangcand exurbitant Incroach-
:*'mems and Ufurpatioiis, fuch as were never bcloro
rt'iatlempted in ihat Houfe.
Sisti*. We arc not ignorant how much that Houfp
_ -f iath, of late Years, endcavuurcd to extend thejr
^-'Privileges, by fettiiig up general Committees for
,'*■ Religion, for Courts of Juftice, for Trade, and
• the like ; a Courfe never heard of until of
*■ Ute : So as, where in former Times, the Knights
•and BurgefTes were wont to communicate to the
^ Huufe fuch Buline^ as they brought from their
■4 Countries ; now there arc fo many Chairs eretl-
,*iBrf,to make Enquiry uponallSortsof Men, where
!*. 'Complaints of all Sorts are entertained, to the un-
■^ fnfferable Diiturbance and Scandal of Jufticc and
■*F;Government; which hawing been tolerated «
'-while by Our Father and Ourfelf, hath daily
■*L.'grown to more and more Height; infomuchthat
f-young Lawyers fitting there, take upon thera to
*Jdccry the Opinions of the Judges; and foine have
f not doubted to maintain, That the Refolutions of
^ that Houfc mull bind the Judges, a Thing never
*. heard of in Ages paft- But, in ihisl^ft Afiemblv
• of ParliamenCj iliey have taken on tbem niucn
f- more than ever before,
t, I « They fent Meflbngcrs to examine Our Attor^
*.ncy General, (who isanOHicerofTruft andSe-
5'crecy) touching the Execution of fome Com-
• ipandments of Ours, of which, without Our
*!!Leave firft obtained, he was not to give Account
ft. to any but Ourfelf. They fent a captious and
«: diredtory MefTage to the Lord Treafurer, Chan-
"iccllor, and H.iruns of the Exchequer, touching
••ftAne judicial Proceedings of tbcire in Our Court
•".of Exchequer.
[ ■' They fent Meffengers to examine upon fundry
•iQueftions, Our two Chief Jufllces, and three
•• other of Our Judges, touching their judicial Pri>-_
' ccedings at the Gool-Ddiveiy aX Newguft, for
^^
^^S The FariUmentary Histoh y
*"'*f^''"^'_»«hjch, they arenot actounuUc to the Houfc of
'"•* » Commons.
• AnJ whereas Sui» were commenced in Oitf
* Court of S'or- Chami^r, agaiDtl Richard Chambert^
* 7"*'' Fewhi, BarlhshmtW Gil/nan, iiuLRjsiierJ
* Philips, by Our Atroraey General, for great Mif-
' dcmcanDie j they refolved, that they were to have
* Privilege of Parliament agaijift Us for their Per.-
( • fons, for no other Caufp, but becaufe they had
* Petitions depending in that Houfe ; and (which
* is more ftrange) they refolved. That a Signiticati-
* on fhould be made from that Houfe, by a Letter
' to iffuc under the tignd of their Speaker, unto the
I * Lord Keeper of Our Great Sea!, that no Attach-
* ments ihould be granied out agajnft itie £iid
* OMmberi, Fm-its, GUman, or Pbilipi, doring
' their fajd Privilege of Parliament, Whereas k is
* far above the Power of that Houfe, to give Di-
* reiSlion to any of Our Courts at l^e/bain/teri to
* flop Attachments againft any Man, thou^never
* fo ftrongly privileged ; the Breach of Privilegt
* being not in the Court that grants, but in the
' Party or Minirter that puts in Execution fuch At-
* tachments. And therefore, jf any fuch- Letter
* had come to the Lord Keeper, as it did not, he
* fliouid have highly offended Ua if he had obeyed
* it. Nay, they went fo far, as they fpared not the
* Honour of Our Council Board j but examined
* their Proceedings in the Cafe of Our Cuftomers,
* interrogating what this or that Man of Gup Coan-
* cil (aid, inDireflion ofthemin tbeBufinefe cora-
* mittcd to their Charge. And whenoneoftbc Mrnn^
' bers of that Houfe, Ipeaking of Our CouDOIcrj,
* /aid, lye had. wicked Counf el i3i.ndz.not)ieik\d'Tbta
* the Council and yudges ^avght to Irawpk under feet
* the Liberty of the Subjeii i and a third traduced
*.OittCouni3i S tar-Chamber, for the Sentence gi-
*.,ven againft Savage, they pafled without Che<k Or
VCcnfure by the Houfe. By vthicli may appear,
*,,^ow far the Members of that Houfe haw of lst9
* fwoilen beyond the Rules of Moderation, ^nd-'thp
•- Modeity of former Times ; and this under Pr^
* tence
I
Of. B IN G L A N' IX $4^
* tcOfloW PHvfltg^^^diFre«l6lil Of fipiaSjb/H^fttt'e-'An^.t^^^^
* by they take Liberty to declare agaitfl! sill '/tu- '
«' tikxky «f Gmmoitattth€ollrt6^ aftriteff'PIedfUr^.
ftfaimlnaC»ufe^K¥liereoltl«^y \
^ Weir true ahrfiantien* JtirJfififiKoii ' Atendit^g^Vily
!^^/fi6 their mm^Mett^beb, aridUd'the Cmffeftatioh
^^ theitPtiviTe^fej a«id rtot tbiitc^C^Otfeof Fo^
.< jteigajPctfenrfiridCauiTcs, which' hdlre'ilb ReSti'i
iari'tordfticPhvifeg^/ tte fame fe^riigljut'a^lfete
S iiiiiovaticfn:^ '■ And yet upon &n eirfOr^W 'Strain* of
« ttContempt, for fiot anfwering lur ct^jfr Sadliiafti-
1 ion^ they eommic hfiti eoniiie l^^^f^r^'^Lvnddn {
Svitn^ that out w^n! Preteitc ford OtiufeiDf ccAn-
^^itniiting 'hinriy/the true and linWard Gauft b)^iHg»
ff for thatlie'had fiiewtfd bibifeif diilifulti^ Us ancf
w^ChfteGoihmandmentj'in the M&ttef coiic'eniing
1^4>Mr€iiftoiii8;.-'- *••' - '•■" '^^ " ■ • '
.t •rlfi ihefe Innovations (which we wfltnever pcr-
f. iBtt again) they pretetided- indeed* Our Servke;
^ hut their Drift witt, to bt^kyby 'this Illdan^,
^ throi^ att Re^d^ and Ligaments' df Goyfkn-
^ •Incot ; and to trtSt an umverfal 'over-iwaying
^ PoWer to themfelves, which bebngs oftiytb Us,
* and not to fbeou; *
> Laftly, In their PhiC^ings againft Out Cut-
* tomeraj the]f went 4bout to eenfure chem as'De*
^ linqucntS) and to j^unilh them^ fbr'ftaytng fom'e
< Goods oif tdftae feSlfous Merch^ints, in.Oai' Store*
^ Honfe) for not paying thofe Duties Which* them-
f fdves had formerly paid; and which the Qifloniers^
< without Imerruption, had received tyf AirbAer
^. MtodttAts, ihany* Years befbrdi and to wliicli
.^ diey were autfaorifed^ hokh by Oii)' Gre^t S^!
> and.hy feveral Dira9^iJ5'aiid GomMandiabhu
>>foom:Ua.aiiidi^Orr'PFii7Coundl.v "i^v^A '. •
, :<> Tti^^efomeCelouf tt»dwh^]^i^$cetfdin^jh'ere^
■.^ iii>&ey wentabottt t6 *!^eat0 Jr^'iieW'^P
^.>( which We>wUI nevtr admit) ^Th^ )rPat!idrttflt-
■^ 'man Jiath RrtvllAjgd- for -\Mf^Qii^d»r^^tm ^e
«'£iDgi:itk(u6bttfei}iWnd^^^ bti'1%^
I
350 The Parliament nry'iliS'Toti.Y
lk4.C!lMi)c(i- * he may not be coii(trained to pay any Duties to
the King, dtiring the Time ot Privilege ot' Parli-
niciK It is true, they would littve (his Cafe co
hate been between ilie Merchants, and Our Yat-
mers of Our Cufknns, and have fcvefc^ tf)«tl)
from Our Interell and Commandment, thet«Kr
ihc ratherto make them liable to tlie Cenliirt &r>d
PiimChnient of that Houfe. But on lh« othe^
Side, We Lmldingit both unjult and difhunoura-
blc, to withdraw Ourfolf from Our Oflicecs, m
any Thing iliey did by Our Commandmenti
or to difavow any Tiling that We bad enjoined
to be done; upon Mantiay tlia 23d of Ptkruitryt
WefenC aMtflageunto them byhecrctary Goirkr,
thar)lcmg them for tlie Rel')>ei£l they had ibewed^ J
in fevering the Intereftof Our Farmers from Oiip^
ownliitereft and Commandment ; But tliat, ntV6r-»H
tbeleisWc were bound, inHonour, toacknowledgir J
a Truth, that what was done by them, was d«nft J
by Our exprefa Commandment and DireftlonkT
and if for doing thereof Our Fanners (hould filf* 1
Fer, it would highly concern U> In HonoulAn
^Vhich Mefiage was no fooner delivered (
them, hut in a tumultuous and difcontentcd Mali^ 7
net, ihey called, Afljuurn^Jdjeurn. And there** J
upon, without any Caufc given on Our Part, inlL j
very unufual Manner, adjourned until the /^W- '
nejday following,
' On which Day. by the uniformWifdom ofOlir
Privy Council, We caufed both Houfes to be ad*
journed until the fecond Day of Alarth ; hoping
iliat in the mean Time, a better and more right
Undorftanding might be begotten between Usaix)
Members of that Houfe ; whereby the Parliamenf
' might ccme to an happy iiTue.
' But underrtanding, by good Advertifcmeni> that
their Difcnntent did not in that I'itne digeit and
pafeaway^We refolved to maitea fecond Adjourn-
ment, until the TentbofvlianVji which was dane»
as well Xa take Time to Our felf, to thinkof foma
Meaiu to accommodate thofe Di$cultie^ as tv
0/ E N G L A N D. 351 ■
" give tliem Time to advife belter; and accordingly. An. 4.Chirta%
' We gave Comma hU me lit for a fecoiid Adjourn- '
* tnent in botJi Houfes, and for Ccflationolall Buli-
* nds till. iJje Day appoiiitedj which was very duci-
' fully obeyed in the Higher Houfe, no Man coi^-
' tradi^ing or queftioning it. But when the fame
* Commandment was delivered in the Houfc of
' ComnuHi^ by their Speaicer, it was ftraiiways
* coHtradiiSed ; and although the Speaker di.-d a rc<t
* unto tbem. It was an abfolute Right and Power
' in Us to adjourn, as well as to prorogue or dif'*
* fulvei and declared and read unto them divers
' Precedents of that Houfe, to warrant the fame;
* yet Our Commandment was molt con tern ptuoull^
* difobcyed ; and fonme riling up to fpeak, faid, Tbef
* had Bkfwefs to da lefort iht Heufe Jhmiid bi ad'
' joumded (f),
* Whilft the Duke of Bueiingham lived, he wai ■
' charged with all the Diflempers and ill Events of
* former Parliaments ; and thereibre much Kndea-'
* vouc was ufed to demolt(h him, as the only Walt
* of Separation between Us and Our People. But
* now he is dead, no Alteration was found amongflr
* thofe envenomed Spirits, which troubled, then, the
* bleficd Harmony between Us and Our Subjects,
' and continue Dili to trouble it. For, now,undtr the
* Pretence of public Care of die Common- Wealtb»
* they fuggeft new and cauflefs Fears, which in
* [heir own Hearts they know Co be lalfe ; and ds-
' vile new Engiiiesot'Mifchief, fo to call aBlind'
' nds upon the ^ood AtTec^ions of Our People, that *
* they may notice the I'ruth artd Largenefs of Our -
* Hearts towards them. So that now it is manifest
* the Duke was not alone the Mark thefe Men fliot
* at, but wasonlyas ancarMinlfter of Ours, taken
* up, on the by, and in their Paflage to their more
' lecret Defigns^ which were only to caft Our Af-
rt Depoitniait.,
(f! H(« are the PilTigu <0B(«niB'
in Iht HnuCt, whtFlt We rorbnr to repeat ,
It Ittp npretred b ibc InfanDilldil la the Siat-Cbai>*ir, which *
t35t The Paiiiametitat) HisTORv ^|
'»'' fjiri into i defpcrare Condidon, to abate rfi^^
I
' fjiri into i defpcr
' K)wers of Our Crown, and to bung Our Govern-'
* iiu-Lit iiKo Obloquy ; that, Li tlic £iid, all tliijigt
* ina}' be overwhelmed, with Anu'chy an<l Coiiiu-
* lion.
• We do not impute thcfc DiOfters totlie whole'
* Houfe of Cwnmons, knowing that ibcre wore
* amonft them many rtii^ious, grave, and wcJl-'
* miiulcd Men,- but ihc fmccrer and better Partuf
' the Houfe was over-borne by the Practices and
* L'laniouis of il« other, who, carelels of their Du-
* lies, and taking Advantage of llie Times, anil
' Our Ntceirnics, have enforced Us to break ofF
* this Meeting j which, had it been anfwercj witlf
* like Duly on their Parts, as it was invited and be-
* gun with Love on Ours, might lave proved happy
* an (!■ glorious, both to Ua and thi= whole Nation. ■
* \\ t have thus declared the manilold Caufcs We
' lia<l, to (liliblve this Parliament, whereby all rhe
* VV'urld may fee. How much they have (orgot-
* tai their foimer Engagements at chc Entry ijito
* the War, ilicmfclves being Perfuaders to itj
* piomifing to make Us feared by Our Enemies,-
* and dleenied by Our Friends: And how they
* turned the Ncceffitiei grown by tiiat War, to en-'
* force Us to yield to Conditions incompatible with
' Monarchy,
' And now that Our People may difcern, that
* ihefc Provocations of evil hAiux (whofe Punilh-'
* nienis We refervc ro a due Time) have not chang-
* ed Our good Intentions to Our Subjects, \Vc do'
*■ bere pfolefs to maintain the true Religiun aiul-
* Doctrine, cllabltlhed in the Church of UnglanJt •
* without admitting or conniving at any back-*
* Aiding, cither to Popery or Schilm, Wc do al- ■
* lb declare. That We will maintain the anticnt'
■ andjuA Rights and Liberties of Our SubjedtSj '
* with fo much Cuiiftancy and JuiUce, that they
' flijll have Caufe to acknowledge, That und<^
' Our Grovernment and gracious Ptotei5tion, t'
^ live iu a more happy and free Statt;, than ann
* ''Siubjef
Of ENGLAND. 353
^' SubjeSs in the Chriffian World. Yet let no Main ^n. 4.<:hi8lc8l.'
' hereby take the Boldnefs to abufe that Liberty,. '^*^*
' turning it to Licentioufnefs ; nor mifinterpret the
* Petition, by perverting it to a laWlefe Liberty,
* wantonly or frowardly, under that or any other
* Colour^ to refift lawful and neceffary Authority.
* For as We will maintain Our Subjecb in thejr juft
*. Liberties, fo We do and will expe£l, that they
' yield as much Submiffion and Duty to Oiir Royal
* Prerogatives, and as ready Obedience to our Au-
*! thority and Commandments, ^ hath becrx per-
' formed to the greateft of Our Predeccflbrs.
* And for. Our Minifters, We, will not that they.
* be terrified by thofe harfli Proceedings, that have
* been ftrained agalnft fome of them. . For, as we
' win not command any thing unjuft or difbonour-
' ahle,but (hall ufe Our Authority and Prerogatives for
* the Good of Our People; fo We will expedt, that
* Our Miniftcrs obey Us, and they {hall afTure them-
* felves We will proteS them.
• As. for Our Merchants, We let them know,
* We {hall always endeavour to cberi{hand enlarge
* the Trade of fuchas be dutiful, without burthening
^ them beyond what is fitting: But the Duty of five
< in the Hundred, for guarding of the Seas, and
' Defence of the Realm, to which We hold Our-
< Selves dill obliged, (and which Duty hath con-
*' ttiiued without Interruption fo many Succeffion of
' Ages) We hold no good or dutiful Subje<9: will
' deny, it being fo necefllary for the Good of the
' whole Kingdom. And if any fa£Hous Merchant
^ will affront Us, in a thing fo i^eafonable, and '
* wherein We require no more, nor in no othet
* Manner, than fo many of Our Predeceflbrs have
< done, and have been dutifully obeyed : Let them
* not deceivq themfelves, but be afTured, that We
< {hall find honourable and jufl Means to fupport
* Our-Eftate, vindicate Our Sovereignty, and pre-
« ferve the Authority which God bath put into Our
«. Hands.
. \ And now havinglaid down the Truth and Clear-
Voi.Viri. Z ^nefe
354 ^-^^ Parliamentary Historit
CWIcit. c ncfs of Our Proceedings, all wife and difcr«e
Men may eafily ^udgi; of thofe Rumours aiid
'jealous Pears, tliat are malrciouny and wickedly
* bruited Abroad ; and may difccrn, by Examination
' of their own HeaitSj whether (in refpeft of the
' free Pafljge of the Gofpel, indifferent and equal
* AdminiftraiLon of Juftice, Freedom from Op-
' prcflion, and the great Peace and Quietnefs whicli
' every Man enjoyeih under his own Vine and Fig-
' Tree) tlie Happincfs of ihis Nation can be para]-
* leled, by any of our Neighbour-Countries; atid
* if nof.'then toacknowledfre their own BleJTedncfe,
' and for the fame be thankful to God, the Author
» of all Goodncfs.'
Mr lldlis Sir March 4. Two Days after the Date of the fore-
7. Eli::,i, and going Proclamation, (tho' R.ujhwnth fays it was
other Mfmfcrt, not puhliftied till the loth} Warrant Were diredcd
the Privy-Coun- ^^om the Ptivy Couttcil to DoizU Heltes, Efq; Sir
til. MUs Habart, Sir Jehn EUiol, Sir PeUr Hayman,
John Selderiy mUiam Corilon, IValter long, mi-
liam Sirea/J, and Benjamin FuUnline, Efqts. com-'
manding their perfunal Appearaiwe the next Day. '
Mr. Hallis, Sir Jehn EUUt, Sir Milis Hoiart, and
Sfr PeUr Haynian appearing, Mr. Hellcs was quef-
tioiied, ' Wherefore he, contrary to his former Ufe,
did, that Mornings that the Tumult was in the
LowLT Houfe of Parliament, plice himfclf above
divei:. of the Privy CounfeJIors, by the Chair.'
He anfwered, * Thai he at !ome other Times,
as well as then, featcd hjmfelf ;;! tltat Place; and
as for IiJs Sitting above the Pri y Counfellors, he
toi>fc it to be his Due in any Placi: wherefoaver, un-
lets at the Courcil- board. And as for his Part, he
came into the Houfe with as great Zeal to do his,
Majefty Service as any one whatfoever. And y*t
neverthelefs, finding his Maj,cfty was now offended
with him, lit- humbly defired, thit be might rather
be the £ub]e<Sl ol his Mercy than of hisPower.'
To which the Lord Tn;afurer anfwer.d, ' You
mean rather of hii Majdtv's Mercy than of his
Juftice.'
Mr.
1 V
Of EN GLAND. 355
Mr. Holies replied, ' I fay of his Maj efty's An- 4.Charl« I,
Power, my Lord/
Sir 5^^/5>« Elliot was next called in.
He was queftioned, * Whether he had not fpoken
fuch and fuch Words, in the Lower Houfe of Par-
liament, and (hewed unto the faid Houfe fuch and
fuch a Paper?*
He anfwcred, • That whatfoever was faid or
done by him in that Place, and at that Time, was
performed by him as a Public Man, and a Mem-
ber of that Houfe ; and that he was, and alwa;^s
will be^ ready togive.an Account of his Sayings and
Doings in that Place, whenfoever he fhould be call-
ed unto it by that Houfe ,* where, as he taketh it, '
it is only to.be queftioned : And, in the mean time,
being now but a Private Man, he would not trouble
himfelf to remember what he had either fpokeft <Jr
dene, in that Place as a Public Man.'
Sir Miles Hobart^ befng queftioned about his De-
meanor in theLower Houfe of Parliament, the fame
Day, arid for fliuttrftg the Door ;
He anfwered, * That he defired to know, by
what Warrant he-wiis 63tamined to give an Account
of his ASions in Parliament, when he was a Mem-
ber of that Houfe.' And he faid, « He believed that
this was a Courfe without Precedent, and no
Council nor Commiflion could take Notite of any
thing done in P^rKament, but a Parliament itfclf.
Nevcrthelefs he would not fliek to confefs, that it
was he that fhu^ the Door that Day j and when lie
had locked the Door, put the Key in his Pocket j^
fandhe'did it becaufe the' Houfe demanded it. T
oti Peter Hayman was queftioned, * Wherefore ..
Be rcivoved. the Speaker fo fharply, that Day, in the
Lower Houfe of Parliament V
He anfwcred, \ Becaufe he was the Speaker, and
fp the Servant of the Houfe ; and one that ought to^
hare applied himfelf to the Command of the'
Hemic s and he did it with the more Freedom and
Qeteftation, becaufe he was fab Countryman ; but
yet ihoold aUb haVe iottt it to any other Man, (bat,
Z a vsv
^K 356 The Parliamentary History
AB-4-CI>ulMl.inthcf2mt;Kind, ftlould have defer ved it as he did.'
'***■ And heingfattherdemandcdf^;, ' What he himfcif
would have done, if he had been Speaker, and com-
manded liy the King to deliver fuch a Meffage from
his Majefty to the Houfe? He aiifwercd, 'He would
have thrown himfelf at his Majefty.s Feet, and ha-
ving given his Majefty to underfland that, in re-
fpeS he was the Speaker, he was tlie moft impro-
per andunfitPeifonof any to deliver fuch a MefTage;
and would therefore have mod humbly fupplicaced
his Majefty, to have elected fomc other to have
performed that Part.'
Upon thefe Anfwers, the four laft-named Gentle-
And conmitttd "^W were committed clofe Piifonersto the Tiwfr;
ctofc Piiftners. the Studies of Mr. HbI/hs, Mr SMen, and Sir John
Ellist were fealed up ; and Mr. Long and Mr. Siraud,
not' appearing, a Proclamation was ifTued out for
apprehending them ; and not long after they were
taken and committed to the King's BenchVn^Qn.
The King, beijig rcfolved to proceed againft thefc
Members of the Houfe of Commons, in the Star-
Chambtr, ordered all the Judges to be fummoned ;
who being accordingly met at Seijiants-Inrtj on the
25th of jipril, one Queftion was propofed by Mr.
QuedioM propof. ■^''''™*V) and refolved, wz. 'That the Statute of
id tothc Judge!,' ^Henry'Vlll. \n\k\i\eA,^n Ait concerning Richard
CencTil 'relat^ ' ^^"''''j wa* ^ particular A£t of Parliament, and
inj tothcDi. * extended only to Richard Strodt, and to thofe
* Perfons that had joined with him to prefer a
* Bill to the Houfe of Commons concerning Tin-
* ners ; and altho' the A£t be private, and cxtend-
* eth to them alone, yet it was no more than all
* other Parliament-Men, by Pri/ilegeof thcHoufe,
* ought to have, viz. Freedom of Speech concerning
' thofe Matters debated in Parliament, by a parlia-
' mentary Courfe.'
The reft of the Queftions Mr. Attorney was
wiflied to fet down in Writing againft another Day.
Upon Monday following all the Judges met again,
and then Mr. Aitsrney propofed thefe Queftions,
(l) This Pingnph ami Ihe forijoing PiflaEo la CrOlehiW
sreumittedinSirTttmaiCrETO'iCoUetlioni, but tupplitd fiooi the
Muufciipu bcforcneniiancif.
0/ E N G L A ISf D. 357
1. IVhither if any Suhjeit hath recehed probable ^■^•^^^•'i'*^-
Information of any Treafon er treachtrous Attempt^ ' '^
or Intention again]} the King or Slate, that Suhje£t
ought net to make inawn to the King, er his Ma'
jefly's CommiJJioneTS, luhrn thereunto he Jhail he re-
quired^ what Informalim he hath received, and the
Grounds thereof; to the End the King, king irufy
informed, may prevent theDanger? And if the /aid
Sul^eit, in fuch Cafe, Jhall refufe to be examined, or
to anfwer the ^eflims which Jhall be demanded of
him' for further Inquiry and Dtfcevtry of the Truth,
Whetlxr if he mt a high Contempt in him, punijhable
in the Slarchamber, as an Offence again/} the general
Jujlice andGowmment of the Kingdom?
Sol. The Refolution and Anfwer of all the Juf- And ihej Ah- *
tices, is, ' 1'Jiat it is an OfFecice puniftiaSJe as afore- ^'^'"^'
faid, To that this do not concern himfclf, but ano-
ther, nor draw him to Danger of Treafon orCon-
tempt, by his Anfwer,
2. iVhether it be a good Anfwer er Excufe, being
thus interrogated, and refufmg ta anfwer , to fay ^
* That he was a Parliament- Man when he received ^^^^^H
* this Information, and that he fpake thereof in ^^^^H
* the Parliament- Houfe ; and therefore the Pariix- ^^^^H
* ment being now ended, he refufed to anfwer to ^^^^^H
* any fuch Quelfions but in the Parliament-Houlcj, ,^^^^^H
* and not in any other Place?' -j^H^^^|
Sol, To this the Judges, by Advice privately to' '^n9|^|
Mr. Aiiemey, gave this Anfwer, ' That this Ex- ^M
' cufc being in nature of a Plea, and an Error in M
' Judgment, was not punifkable, until he were ^^
' over-ruled in an orderly Manner, to make ano- .^'^^^l
* ther Anfwer ; and whether the Party weie brought ^^^^^H
* in Ore ienus, or by Information, for this Pli;a he ^^^^^H
* was not to be punilhed.' ' ^^^^^|
%, lyhellfer a Parliament-Man^ commtttiag an- ^^^^^|
Offence again/} the King or Council, net in a. Parlia-- ^^^^^^M
ment way, might, after the Parliament ended, bf ^^^^^|
puni/hedi or not? ■■ .^^^^^H
Sol. At! the Judges, una voce, anfucered, *' Ha\^^^^^H
' might, if he he not puniihed for it in Parliament }'"^^^^^H
-ffiSfctiic Parliament Ihall not gvc Privilege; to' ^^^^H
HC»
358 7he Parliamentary Historv
kii.' any centra mertm ParliamtnSarium^ to exceed
* the BounUs and Limits of his Place and Duty.'
Ar\d all agreed, ' That, regularly) he cannot be
' compclkil, out of Pariumenc, to anfwer Thin^
* done in Parliament, in a Parliamentary Courfe i
* but it is oiherwife where Things arc done exor-
* bitantly, for thofe are not the Afls of a Court.'
4. Whether- if mi Pailiamrnt-Man ahneJhaU ff
folvfs or two or iisriejhali covertly confplre, U rai/t
falft Slanders and Rumours againji tht Lords of tb$
Civncil and 'Judges ; not with Intent to quejiian tbtiK
in a legal Courfe, or in a Parliamentary uiay, but U
blaji them, and to bring them to Hatred of the Pt*-
pk, and the Government in Contempt ; be punifliaiU
in the Star-chamber after the ParUamint is ended?
5d/. The Judges refolve, 'That the fame 13
^ punifliable out of Parliament, as an Offence ex-
* orbitant committed in Parliament, beyond the Of-
* fice, and befide the Duty of a Parliament Man/
There was another Queftion put by Mr. Jlttsr-
>l«y, vi%.
5. Whether if a Man in Parliament, by way of
JDigreJfian, and not upm any Occofton arifing con-
cerning the fam£ in Parliament, Jhall fay, ' The
' Lords of the Council, and the Judges had agreed
* to trample upon the Liberty of the Subject, and
* the Privileges of Parliament, he were puiiijhable or
The Judges defired to be fpared to make any/
Jwer thereunto, trecaufe it concerned themletves jj
particular.
The next Day, Mr. Attorney put to the Judges
another Cafe,
6. // ii demanded of a Parliament-Alan, being
called Ore tenus, before the Ceiat o/ Star-chamber,
and being charged. That he did net fubmit himfelf to
Examinatian far fuch things as did concern th»
King and the Government af the State, and were af-
firmed to be done hy a third Perfo>i, andnst by htm-
filf; if he cenfejes his Hand to that Rtfufal, and make
his Excufe, and plead only that he had Privilege of
Parliament ; Whether i)>e Court will ml O'uer-ruifV
thiiii
-0/ E ' N G L A -N D."^ 'Ysg
ibis Plea as rrrdnebus^ and tH^f he ought to mah a Ani4.ChirIe9l.
further Anfwer ? . \ ^^^^T.
^ 5^/. ' It is the juijcft Way for the Kingand the Pai;-
-ty not to proceed Ore tenus ; becailfe, it being a t^oint
in Law, it« is fit to liear Coanfel before it be oVec-
xuled ; and upon an Ore tenus ^ by the Rules of Siar^
-Chamber^ Courifel ought not to be admitted ; and it
pwould not be for the HcJnour of the King, nor thf
jSafety of thd Subje<St, to proceed in that Mahnet. ^
On thde Attfwers from the Judges, fhe King's
•Attorney OencraJ next proceeded to e'xWbft an la-
formation, j^nft the Gentlemen, in the Court of
Star Chamber \ which, tho* not ftri6Hy Parliamen-
tary, yet, ajit refers to what had been done and
faid in Parliament, deferves our Notice ; as well a^
aU the reft of the Proceedings agairift them, as they
are collected in Rujhworth^ to the End of this Bu-
yovis *]m6* Die Mail, Anno ^U, Car. R.
To the K 11^ G'i Mo/i Excellent Majejiy.
HUmbly iheweth and informeth unto your
Moft Excellent Majefty, Sir Robert Heathy
Knight, your Majcfty's Attbmey General, for
and on your Majefty's Behalf, That whereas, by
the antient and fundamental Laws of this King-
dom, the High Court *of Parliament confiftetb of
the Lords Spiritual and Temporal in the Lofds^" informatioa
Houfe, and of the Knights, Citizens, and Burgef- cbJ^J^r agtinft
fes in the Commons Houfe of Parliament ; and Mr. Ho/Ui, sir
thofe two^Houfes, thus compofed, do together ^''^" -^''-^'^'^ **^*
makeup that great and honourable Body, whefe-
,of your moft Excellent Majefty j as the Supreme
Sovereign, Is the Head : And whereas the rbwej;
of Summoning and Affembling of Parliaments,
and of Continuing, Proroguing, Adjourning, afid
Diffolving thereof within this Realm at your good
Pleafure, is the undoubted Right of your Maje- "
fty ; and the Liberty and Freedom of Speech^
which the Members of the ikid Houfes of Par-
' liament have, according to the Fririleges of thofe
Z 4 * fever^
360 The Parliamentary History
1 ' feveral Houfcs, to debate, confuJt, and determine
' of thofe Things which are propounded amongft
* theni) is, and ever hath been, and ought to be,
* limited and regulated within the Bounds of Mo-
* deration and Modefty, and of that Duty which
* Subjeifls owe to their Sovereign: And whereas
' your Majefty, for many weighty Caufes, and for
' the general Good and Defence of the Church and
* State of this your Kingdom, lately fummooed s
' Parliament to be holden at your City of li^ejimin-
* Jler, the 17th Day of jWarcA, in the 3d Year
* of your Majefty's Reign, which contiaued from
* thence by Prorogation untihhe 20th Day of "Ja-
* Bwarj'laft i from which Day, until the 25th Day of
* February following, the faid Houfes continued
* fitting. And although the greater Pari of the
' Houfe of Commons, being zealous of the Com-
' mon Good, did endeavour to have effedlcd thofe
' good Things for which they were called thither ;
* ycc betwceji the faid 20Ch Day of January, and
* the faid 2^ th Day of February, by the malevolent
* Difpofition of foine ill-afFcfled Members of the
' {kid Houfe, fundry Diveifiuns and Interruptions
* were there made, and many Jealoufies there im-
* jullly raifed and nouiiOied ; 10 the Difturbance
* of thofe orderly and Parliamentary ProcecdingjS,
' which ought to have been in fo grave a Council.
* During which Time of the faid laft Meeting in
* Pailiament, asaforefaidjfo it is, may it pleafe your
* mod Excellent Majefl-y, that Sir John EUiet
* Knight, then and all the Time of the faid Parlia-
' ment, being one of the Members of the faid Com-
* mons Houfe, wickedly and malicioufly intending,
' under a feigned Colour and Pretence of debating
* the necellary Affairs of the ptefentEftate, to lay a
* Scandal and unjuft Afperfion upon the Right Ho-
* nourahle the Lords, and others of your Majcfiy's
' moft Honourable Privy-Council, and upon the
* Reverend Judges, and your Counfel learned j and
' as much as in him lay, to bring them into tile
* Hatred and ill Opinion of the People; after the
* (aid 2odi Day of January, and before the faid
' 25th
\
Of E N G L A N p. 361
* 2 ;th Day of February laft, did openly and publick- Afi. ^-Chwlar.
* ly in the fald Houfe of Commoiis,.falily and ma-
* HcLoufly affirm. Thai your Affljajifi Privy-Couti-
' cil, all your "Judgss, and your Comijd learntd, had
' cBnfplred together la trample under (fuir. Feet tht
' Liberties of the faid Suhji!is of tka..Realm, end
' the Privileges, if thai Hoiife. '
' And further, fo ir Is, may it pleafe your moft
' Excellent Majefly, that when your ]Vlajcfty,upoa
* the 25th Day of February, liad, by Sir John
* Finch, Knight, then Speaker of the faid Houfe
' of Commons, flgnified your Royal Pleafurc to the
' faid Houfe, thnt the faid Houfe of Commons
* fliould be inftantly adjourned until the zd Day of
» March then following, he the faid Sir Ja'm ElU-
* et, and Dsnzil Holies, Efqj Benjamin Valentine^
' Gent. If'alur Long, Efq, fVilliam Corrton, Efq;
' mUlam Strode, Efq ; John Selden, Efq; Sir Mies
' Hobart, and Sir Peter Hayman, Knights, all
* Members at that Time of the faid Commons.
' Houfe, conceiving with tfeemfelves, that your
* Majefty, being Juftly provoked thereto, would
' fpeedily diflblve that Parliament j they the faid
' Sir ■'John Elliit, Denzil Holies, Benjamin Falen-,
« tine, IValter Long, rt^tlliam Caritan, Tf^itUam
' Strode, John Sddm, Sir Miles Hobart, and Sir
<' Peter Hayman, and every of them, by unlaw-
' ful Confederacy ajid Combination between them
' in that Behalf before had, did malicioufly refolve, ,
* agree, and confpire, how and by what Means,
< before that Parliament fhould be dilFolved, ihey
' might raifc fuch falfe and fcandalous Rumours a-
' gainU your Msjefty's Government, and your
' Counfeilors of Eftatc attending your Perfun, that
' thereby as much as in iht-m lieth, they might
< difturb the happy Government of this Kingdom,
' by and under your Majefty ; interiupt the Coitrfe
* of Traffick and Trade; difcourage your Mer-_
* chants, and raife Jealoufies and Sufpicions in the ,
* Hearts of your People, that the Smcerity of the-
* true Religion profefTcd and eftabliflicd in thia<
« Kingdom,
fcwS
362 T&e Parliamentary Histor y
An. 4. chatla I. ' Kii^ilom, Was negle^d: And in Purruancc of
>6h. ( this their Rdblurion and Con6deiKe atbrelaid, tho
* Taid Sir 'Jchn El/lot, with tlie Privity and Confent
* of the faid Dein.il Hclbst and all other the faid
* Confederates, did prepare a Paper or Wriung,
' wherein he bad written, orcaiifej to be written,
* divers falfe and fcandaluus Allcriions, tuucbing
* your Majefty's Government, and touching the
* Pcrfonsofdiversof your Privy-Council; which ho
* and they refulved, and confpired, and agreed,
* Ihoutd be delivered into the fard Houfc of Com-
* mons, and there publickly read; 10 the wicked
* and fcJitious Intents and Purpofes arcrefaid, and
* nut with any Pilrpofe or OfHnion, tiiat ihofe
' Things that were therein contained, if they, 05
' any of them had been true, as indeed they wcni
' not, fhould, or could be at that Time entertaio-
* ed, or piirfued in any Legal or Parliamcntaiy
* Way; but meerly and only 10 cxprcfs, and vent
* his and their own Malice and Diiaffsi^oa to your
* Majefty and your happy Government,
* And yourMajefty, upon the (aid Second Day
* of March now laft paft, having llgnified your
* Royal Pleafure unto the faid Sir ^ahn Finch, then
' the Speaker of that Houfe, That the faid Houfe
' fiiould then be prefently adjourned until the tenth
' Day of the faid Month of March, without any
' further Speech or Proceedings at that Time ; and
' the faid Speaker then delivered your Majefty's
* Pleafure and Commandment to the faid Houfe ac-
* cordingly, and declared unto them your Ma-
' jefty's exprcfs Charge and Command unto him,
* Thit if any (hould,notwithftanding, difoheyyour
' Majefty's Command, that he muft forthwith leave
* the Charge, and wait upon your Majefty : Unto
' which Commandment of your Majefly, and Sig-
' nification of your Royal Pleafure in that Belialf,
* foraprefentAdjournmentofthe Houfe, the great-
' eft Number of the Members of that Houfc, in
' their Duty and Allegiance unto your Majefty,
' were willing to have given a ready Obedience j as
Of ENGLAND. .363
* the Lords Spiritual and Temporal of the Lords An.^Charl€sT.
* Houfe, upon the very fame Day^ upon the like * *
* Signification, made unto them of your Majefty's
* Pleafure, by your Lord Keeper of your great Seal
* of Englandy the Speaker of that Houfe, had done:
^ Yet fo it is, ipay it pleafe your moft Excellent
^ Majefty, that the faid Sir John Elliot^ for the fa-
* tisfying of his own Malice and difloyai AfFe<2ions
* to your Majefty, and by the Confederacy and,
*' Agreement aforefaid, and in ^ high Contempt and
^ Difobcdience unto your Majefty 's Command,
** aforefaid, and with fet Purpofe to oppofe your,
^ Majefty's faid Command, did ftand up, and fe-.
* veral Times offered to fpeak^ Whereupon the
* faid Speaker, in Obedience to your Majefty's faid
* Command, endeavouring to have gone out of the
* Chair, the faid Denzil Holies and Benjamin Valentine^
« being then next the Speaker's Chair, and the one
* of them on tlie one Hand, and the other of them
* on the other Hand of the Speaker (where they fo
* placed themfelves of Purpofe on that Day) out of
* theic Difobedience to your Majefty, and fcy the
* Confederacy and Agreement aforefaid ; violently, ^ '
* forcibly, and unlawfully, and with Purpofe to raifc
^ a Tumult in the faid Houfe, kept and held the (aid .
* Speaker in the faid Chair, againft his Will : And
* the faid Speaker again endeavouring X^ leave the
* Chair, and having then gotten out of the Chair, ^
* they, the faid Denzil Holies and Benjamin Va-
* lentine^ laid violent Hands upon the faid Speaker,
* forcibly, and unlawfully, and by ftrong Hand,
* thruft him into his Chair again ; and then the faid
* Sir John Elliat again flood up, and ufed thefc
*' Speeches ; JVe have prepared a fl)ort Declaration
* if 6ur Intentions^ which I hope Jhall agree ivith
* the Honour of the Houfe^ and the Jujfice of the
* King. And with that, he threw down a Paper in-
^ to the Floor of the faid Houfe, defiring it might
^ be read : And die faid Denzil Holies^ Benjamin
* 'Valentine^ and • all other the Confederates afore-
^ faid, in Difobedience and high Contempt of your
* Majefty's
364 The Parliamentary History
I. < Maicfty's (aid Command, called and cried out to
* have the fame Paper read. But fome others of the
* Houfc fpake to tlic Contraryj that it might not be
* read i and the Houfe thcreupoji, by Reafon of the
' difordcrly Behaviour of the faid Confederates, wai
* much troubled ; many prefliiig violently and tu-
* multuoufly to have the faid Paper read, and others
' dutifully and diligenily urging the Contrary, to die
* great Difquiet and DiTcomfort of" many weli-af-
' fecled Members of that Houfe. And the (aid
' IVilliam Ciriioii, in this Diflemper, demeaned
' himfelf fo paflionately and violently; that he then,
* and there violently, forcibly, and unlawfully al-
* faulted and ftruck IVintcrltm, Gent, then
' being a Member of the faid Houfe: And divers
» of the Members of the faid Houfe, being then de-
' firous, and endeavouring to have gone out of the
' faid Houfe, the faid Sir Mitts Hobart did, of his'
' own Head, lock the Door of the faid Houfe, and
' kept the Key thereof; and imprifoned the Mcm-
' bers of the faid Houfe, being then in the laid
* Houfe, againft their Wills, fo that none of thpm
* could go out. And the faid IViltiam Strode, ioz
' the further exprefling of his Malignity and ijji-
* dutifulnefs towards your Majefty, and in Purjii-
* ance of the Agreement and Confederacy afoidiud,
' openly moved, and with much Earneftncfsurgild,
* T!iat the faid Paper or Declaration might be fifft
< read, To tht End, that (as he then, in gffat
' Contempt of your Royal Majefty, faid).'. ?^
* (meaning the Members of the Houfe) may aotbt
* turned off Jike featured Sheep, and fent horm oi vit
' -were lajt SeJJiam, with a Seam pui uptn uS: [in
' Priitl ; meaning thereby ihe Words which your
' Majdly, in your own Pcrfon, fpake at the cad-
' ing of the laft Seflion, and caufed the fame tat,be
' printed ; And the faid Stroud, in a very dtforderly
* Manner; further moved. That all thole who woa\i
* have the f^id Paper read, fliould fland up ; which
' tjivcrs of theni thereupon didatcoidingly^^dijei
•.,1 vKc, ,■■ fi-a ■' -I ■ ■• ■ ' ij.'\ •■■1
.V ■ ■
Of E N G L A N p. 365^
the {^XAStroudy amongd others did ftand up; andAn.4.^Ch|r^«l.
in this Heat of Gontention, , and Height of Difo-
bedience, by the Confederacy aforefaid, to have
the faid Paper read ; the faid Sir Peter Haymariy
'with rough and reproachful Words, reproved the
faid Speaker, for bfing conftant and refolute in
his Obedience to your Majefty, in not putting the
Reading of the faid Paper to the Queftion ; as by
all the faid Confederates, \ytth many Reafons and
Arguments he was urged to do : And the faid Sir
Peter Hayman then further faid, 7he faid Speaker
was made an Injirument to cut up the Liberty of the
SuhjeSfs by the Roots. But when, by no m^ans,
the faid Speaker would be drawn to tranfgrefs your
Majefty's Royal Command aforefaid ; then, left
the faid Paper fhbuld not be read, the faid John
Selden moved, Tliat the Clerk of the faid Houfe
might read the fame: And when the faid Sir
yohn Elliot found, that he and his Confederates
aforefaid, could not procure the faid Paper tch be
read ^ he, the faid Sir John Elliot^ to the End he
might not lofe that Opportunity, to vent and pub-
lifh thofe malicious and feditious Refolutions,
which he and his Confederates had collefted, and
prepared as aforefaid, took back the faid Paper
again ; and then immediately, in the faid Houfe,
faid, I Jhall now exprefs that by Tongue ^ which
this Paper Jhould have done ;' and then fpake thefe
Words : The miferahle Condition we arein^ both in
Matters of Religion and Policy^ makes me look with
a tender Eye both to the P erf on of the Kingy and to
the SubjeSfs. And then fpeaking of them whom*
he intended to be ill Inftruments in this State, at
whom he principally aimed, he faid, There are a^
tnongjlthemjome Prelates of the Churchy the great-
Bijhop of Winchefter, and his Fellows 5 // is ap--
parent what they have done^ to eajl an Afperfim up-
onthe Honour y and Piety ^ and Goodmfs of the King :■
Thefe are not all -^ but it is extended to fome other i^ •
wboy I fear y in guilt of Confcience of their own De* •
fert^ do join their Power with that Bifbcp and the
'rejl.
366 The Parliamentary History
lUu^Qivieft. ' rejl. Id draw hit MajiJIy hitc a'JeaUufyif tbi Phr-
'**'• *^lianunt; eimngji lubom^ IJhail mt fear Ib Hrnne
* thi great Lard Trtajurery in whtft PtTJon^ JJttf'i
* is cmlrafltd all that which we filler. If We hit
' inta Religion *r Policy, I find him building upon the
* Greundlmd hy the Duh (/"Buckinghim, bis great
^ Mafieriframhim^ I fenr, c&me theft ill Cou»Jeh\
* which csntraSied the mihuppy Cmclujian of the lujl
* Stffisn tf Parliament. I find, that nal only in the
* AfftSiiam af his Heart., but alfa [by his whole Biha-
* view, he is the Head of the Pepijis,'] end 1 doubt mt
' tajix it indubitably upert him ; and fa from the Power
* and Greatiiefi ofhimcames the Danger of our Reli-
* gian. Far Palicy, in that great ^le/iian af Tunnti£
^andPamdage, the Inter tfl, which is pretended trm
' the King's, is but the Inter efl ef that ant PerfmiA
* undermine the Policy of this Govern/nent, and therm
* teweaien the Kingdemi while he invites StrtrngeriM
* come into drive away aur Trade, or at leafl tier JA»3
' chants te trade in Strangers Battorm, which is ai dani^^
* girous. Therefare it is fit to be declared by us, that bU
* that we fuffer, is the EffeU afnew Cuunfels, U Be
* Ritin af the Government of the Stale; and ta mail a
* Pratejlation agahifl all thofe Men, whether gredter
* ar fubiirdinate,lhat they jhall all be declared as capi-
' tal Enemies to the King end Kingdom, that witlper'
' fuade the King ta take Tumsnage and P Bondage tvitb-
' ant Grant of Parliament i and that if any Merchants
^ jhall willingly pay thafe Duties, without Cenfent of
' Parliament, they jhall he declared as Acceffaries to the
'■Rejl. Which Words of ihefaid Sir^sis £//«,•, were'
' by him uttered as aforefaid, falfly, maliciouily, and
' feditioufly, out otttie Wickcdncfs of his owtiAJftefli-
*oiiatoward»yourMajefty,an6yourgradousandreIi-
'gious Government; and (jy the Confederacy, Agrec-
' nient, and Privity of the faid oiher Confederates,
' and to lay a Sknder and Scandal thereupon; and
* not with a Purpofe, or in a Way to rectify any
' thing which lie conceived to be amife, but to.
' traduce and blall thofe Pcrfons againft whom he
'had
I6i8.
0/ E N G L A N D.
' had conceived Malice ; for fo himfelf the fame An. t-^Cfi.rlrf-
' Day in that Houfc faid, and laid down as a Ground
' for what he inlended to fay. That ne AUn u/as
' ever blajled in that Heufi, bus a Curfe ftll upon
' him.
' And further, fo it is, may it plcafc your moft
* Excellent Majefty, That when the faid Sir yohn
* ilVA'ar-hadthusvented that Malice and WicJcednefs
' which lay in his Heart ; and, as appearcth by hia
* own Words, were exprefled in the Tald Paper,
* which was prepared as aforefaid ; the faid tValter.
* Long, out of his inveterate Malice to your M^e-.
' fty, and to your Affairs, and by the Confederacy,
* aforefaid, then and there faid, "That Man whojhall.
^giveaway my Liberty and Inhfritenee (1 jpcak'af,
' the Merchants) I note them for capital Enemtts,
* tB the Kingdom. And left the Hearers ftiould (or- .
' get thefe wicked defperate Pofitions laid down as,
* aforefaid, and to the End the fame might have ttjc,
' deeper Impreflion, and be the more divulged,
' Abroad to the Prejudice of your Majefly,,
* and of your great Affairs, and to the Scan-,
* dal of your Government; the faid Denzil.
' HalUs collefted, into fevetal Heads, what the,
' faid Sir 7#*« £/liet had before delivered .>ut of
' that Paper, and then faid, fpliafotver Jhall emttfeL
' tht taking up ofTunnage end Pi,undagc., without an
' Aa of Parliammit let him be accomteda capital.
' Enemy to the King and Kingdom. And further,
' ff^at Alirchanti focver fiiall pay Tunnage and,
« Poundage, without an j£I ef Parliament^ kt him h,
' accounted a Betrayer of the Liberty of the SubjeSy,
* anda capital Enemy to the King and Kingdom. j
' Which Pofitions thus laid, the faid Denzil/
» Holies, neither being SpL'aker, nor fitting in ihei'
' Cliair as in a Committee by Direction of the '
' Houfe i but in an irregular Way, and contrary
' to all Courfe of orderly Proceedings in i'arliament,.
' offered to put thefe Things fo delivered by him as
' ^for^faiJ, to th^Qyefliofli and drew from hia
^^^-^^ '■ * Con-
368 Tbe PfriiameniaryHi&roRY
,A.Ch»l«l'* Confederales aforefaid an Applaufc and Aflentjl
'*''■, ■ * as if" liiefe Things had been voted by the HouCc.^M
* And further, fo it i?, may it pleafe yofir im
* Excellent Majefly, That the Difobediencc of J
* faid Cnnfrdcrates was then grown to that Hei^
* that when Edward Gn'tn//on, the Serjeant '3m
•.Arms then attending the Speaker of that Ho)i
aV.. ' wasfentforby yourMajcfty, pcrfonally to atte
t" ' your Highnefs ; and the fame was made kno]^
IJ^ _,. * in the fiid Houfe ; the faid ConfeJerates notw)^
rt«^»r-i -.p ftftading, at that Time, fotdbly and unlawfu
P*.*j't. < keptthefaid£oW(jr£/<?r/OT/?onlockcdupinthefaH
'.Houfe, and would not fufFer him to go out of of
f Houfc to attend your Majeily : And when alfa^
' the fame Day, Janus Alux^vcliy Efq; the Gentle-^
* man-Uiberofthe Black-Rod, was fent from your
■ Majefly to the laid Commons Houfe, with a
' Meflage immediately from your Majefty's own
* Fctfon, they the faid Confederates utterly refufed
* to open the Door of the Houfe, and to admit the
' faid Ja/nts Maxwell 10 go to deiiver his Meflage.
' After all which, the faid Houfe was then adjoum-
' ed until the faid i oih Day oT March then follow-
* ing ; and on the faid 1 oth Day of March the faji
* Parliament was diflblved and ended.
* In Confideration of all which Premifes, and
* forafmuch as the Contempt aud Difobcdienccvrf
' thefaidSiryoAnZ/ZiV, and other the Confeder^»
' aforefaidjWcrefo great, and fo many, and unwar-
^ * ranted hy ihei'rivilegeandiJueProceedingsofParlia-
' ment; werealfo committed withfo hi^ a Hand,
* and are of fo ill Example, and fo dangerous Confc"
* quence, and remain all unpardoned : Therefore-
' he the faid Attorney General, prayed a Procefs a-
' gainft them, to anfwer their Contempts in the
' m^hQQ\iXH,i Star- Chamber. •
The reft of the judicial Proceedings againfl thcfe
GentlemeHj are divided in Rtipiv:srtby but we JhaU
connefl them together in this Man
1
I
" 0/ E N G L A N D. 369
■A
Pafiit, 5. C A R O H, Banco R*gir.
UPO N a Haiiees Cerpui of ttiis Court to bring
the Body of Ifilliam Straud, £lq; with the
Caufc of his Imprifonment, to the MarOial of the
Xins't Btnch; it was returned in this Manner, 'That
* Mr. tf^tlliam Stroud was committed into myMr. Smuiuit
* Cuftody, by Virtue of a certain Warrant "'"'er"^;^','*
* the Hands of twelve of the Lords of the Privy- a Httiv Cirf<t,
* Council of the King,' The Tenor of which '«'<'"'>"'^""'*
Warrant followeth in thefe Words : ^^ ""*"' *"*'
YO U are to take Kn^vledgey That if is bh
Majejly's Pleafure and CamTnayidment^ that „
ytutake into yimr Cttjiady the Body */"WiHiani Stroud,
Efq; and keep him ehfe Pr'ifmrr itllyaujhall rective
Hher Order, either fram his Majt/iy, or this Baardi
ferf^ deing, this fiiall be yeur fP'arrant,
Dated the 2d of April, 1629.
And the Direflion of the Warrant was, 7* ihi
Marjhal of the King's Bench, or his Deputy.
He is alfo detained in Prifon, by Virtue of a
Warrant under his Majefty's Hand ; the Tenor of
which Warrant foUowcth in thefe Words.
C.R.
WHEREAS yck have inystir Cujlody^ the Body
ef\m\^sa?ATa».A,EfqibylfarrantiifQurUrds
ofout'FTivy-CsMncily bj our Jpecial Command., you are
to take Noticey that this Cimmilment was ^er notable
Contempts, by him cammittedy agalnflour Self- ant our
Government, and for fiirring up Sedition againjl tts j
ftr tuhich you areto detain him In your CuJlody,.avd
to kttp him ehfe Prifaiitr, until our Pleafure be fur -
$her htown concerning his Deliverance,
Given at Greenwieh the yth oi May, 1629. in
the 5th Year of our Reigit.
" The Dircflion being, To the Mirjhal of our Bmh
for the Time being. Et ha funt Caufes Caplionff &f
fitteniionis pradi^t Gulielmi Stroud.
' VoL.Vm. A a And
I-
'*•*• And upon another Haktat Corpus to the Midhal
of the Houfhold, to have the Body of frailer Xnw',
£% in Court, it yns relumed according as tiie.S4-
turn of Mr. Straud. i" nod
- „-..5in
Trimly, ^Cakoli, Ban(» Reg^s. [.nA.
TH E firft Day of this Term, upon a Ha6lii
Cerpus ID Sir AUm Apfley^ the Lieutenant of
the feivtr, lo bring here the Body of yoAn Sdlden,
EH[j with thcCaufc of Detainer; he retumtd' the
fame Caufe as in Mr. Slratid's Cafe. And Mr.
Littltton of the Imev-timple, of Counfcl with Mr.
SeUltn, moved, ' That the Return was infufEcicnt
in Subftance ; therefore prayed. That he might be
bailed ; And (aid, That it was a Matter of great
Confequence, both to the Prerogative of the King,
j^,, and to the Liberty of the Subjefl: But as for the
^;,. Difficulty of Law contained in it, he faid (under
Favour) the Cafe cannot be faid to be Gfanrf. And
fo proceeded to his Argument, and concluded, Tl£t
the Prifoner ought to be bailed.' ■-■•'(:■.■
liJcnrifeSir The fame Day SWMile! Hahart, Btnjamm Vit-
Ut^yJ^^tL ^""''"'' ""'' DmxUHolU!, Efq; appeared at the Bar,
■n/Mr, Uilln. upon the Hubta! Corpus direiSed to fevCral Prirohe<
And their Counfel were ready to have argued (Be
Cafe for them alfo ; But, becaufe the fame Return
was made for them as for Mr. Seldm, thej" all 'de-
clared, They would rely on this Argument naadt
by Mr. LittUun.
Some few Days after. Sir Rcbevl Htatb, "the
King's Attorney -General, argued, * That this Re-
turn was good } and that Mr. Se/Jen and the zen
. of the Parties ought not to be bailed ; and that,
within the Return, there appears good Caufe of
their Commitment, and of their Detainer alfo.
He faid, TTic Cafe is great in Expedlaiion and
Coiifequencc, and concerns the Liberty of tbt
-.'«/-- Ef'N'GL A N D. 371 ^
Subjefl on one Part, whereof the Argument igAn.j.OhRtMTt
piaufiblei and on the other Part it concerns the '"'*5-
Safety andSovercignty.of thcKing, which (hc'fdid)
is a Thing of great Weight j and that the Conridera-
tion of both [lertaincd to the Judges, Without
flighting the one, or too much elevating the other:
And fo proceeded to his Argument, and conclud-
ed, That the Prifoners ought to he remanded.'
When the Court was ready to have delivered
their Opinions in this great Bufuids, the PrilbnctS
were not brought to the Bar, according to the Rule
of the Court : Therefore Proclamation was made,
for the Keepers of the fevcral Prifons to bring in
their Prifoners; but none of them appeared, ex-
cept the Marflial of the King's Bench, who inform-
ed the Court, ' That Mr, Stroud, who was in his
Cullody, was removed Yefterday, and put in the
Imrnr of London by the King's own Warrant ; and (o^othcr'tVifoai
fo it was done with the other Prifoners, for each ofbrtheKing'i
them was removed out of his Prifon in which he^'^"''
was before :' But not withftan ding it was prayed by
the Counfe! for the Prifoners, that the Court would
deliver their Opinion as to the Matter in Law j yet 1
they refufed to do fo, bccaufe it was to no Pur- '_
pofej for tlie Prifoners being abfent, they could ,,'
not be bailed, delivered, or remanded.
■-^Thc Evening before, there came aLetter Ktths.'
Jtujg^ of this Court from the King himfelf, inform-
ing the Court with the Reafons, wherefore the Pri-
foners were not fuffered to come at the Day appoint-
ed for the Refolutioii of the Judges. Thefe were the
■\Vffii5 of the Letter,
foi ■■■
\a jl... -
.oik
'iib ■• Aa z T«
■36^
,<..s:ouci»i. *"■
""• To Our Tnilly and Well-beloved, PurOl¥
Jaftico» and the reft of Our Jufticcs of ~
■fj. |j(,Ijij3-,II,
1
RUMijtAr'i ITT W£ ^ E AS, by our fptclal Comrnaneirnetit, Wi
iSit"«'a,.t I " AfiW i^fely rtm^a Sir Miles Hobart, Wal-
0(u£ai. te.t L<»ng» a»!? William Slroud fram tht /evgrgt Pri-
fans uheri tbuy ■Uitrtfarinerly eammittid, and hav'
HOW fir\t them te eur Tower »f London i wndtr^ni-
Ug there are varicm Con/lruilio'is taadi lkere»f, at-
iMwJ MrfiMtA «"^'"'i '" '^^ ffveral Apprthafaau of thtft *uh9 dij-
.jdU ill AR) t^ft ef itt at if we h^d dotf " ta dteiine tbt Cmr/i
^' ifjH/^'-" •' *^' ^^'"' thmfor^ ibougk _fit lo,l^ jau
,-.Uww *he Int Rea/oa (^nd Oaajim thtritfi ^Mi,
* -VH^y wt commondid ihofe and (hi ether Pn/emrfJS^
" ". ,hlJW '!"»* bi/oie ym the hfl -Dfljf i H't (having ^fgrd
. • ^..^bpiv aaji of thiTBt a whii /met, did curry t^n^ffyei
i'.^oUnliy and untnamurlj heth tixvards us dnaypur
.-..Xaf^Jhifi) •iiitre end art vtry finjibU tbtri^f^ aad
, tbnugh we het^r ytvrftlves gave ibezn famt ^di^tiutiw
-.for thai Mifiarriege, y*l we cm Id nal iutrefintwr
n . Hitwur, and the Haaeur pffa gre^t a Cturt if jfj^
•iiit fo far., fli te let the IVarld iacw hew mtfchvt*
diflikt the fame : And, having underfioody that yeur
. r X^dfiupSy and the rtfi ef eur Judges and Banns
u ^ pjtr Court ef Comipan Picas and Eych^ufr
(whafe Advices and Judgmttits wt have defired is
this great Bufmtfs, fa muih ceneerning eur Gevtri*-
t [iWVJ pave net ytt refalvid the mutn ^eSim, wt
..Jjdid nti think the Prefence of ^hoje prijamr^n^ef-
fary ; and until we fltould find their Tempo- and Pif-
^,{-eretions te ii fuib as may deferve it^ we iuifrt nat
.,-x,ptilling te afferd thim Tfjuut. Nevtrthittji, , the
ji, ,Refpeitwe bear to the Proceeding! of that Court,
^^i.haih eaufed ui lo give uay, that Seldeii andVi-
^tn^fnurie Jieu/d attend yei^ Tg-merreiu ; thy iting
-cJ^^/'tfU^ « ^PtiOrb^^*r's^yothJ'K<(J9*\fdiimi)i ai
i.:v,_ _\ ''"'■■" ■'■■"' '"^ fa
.^l^.tiVOtA^p, 373
i
SutJiiliH-.
Given uaitt oiir Sgnet ac our Manor at Gfifh-
tvbh, this 24th of >«, ih the fifth Year <)f
Our Reign. , t,
Within three Hours after the Receipt of ihofc
Letters, other Letters were brought unto tHe faid
Judgesj as follflwech.
■fo -Our Trully and Well-beloved, Our
Chief Jufliice, and tlie reft of Our Jufti-
, cesof our Bench. .
,"" „ Anothn Letter
•'**T>nfffr'an* W^-befeved, We greet you well, from tht Kioe.
WitERtAS, hy eur Leturs of ihh Day'i j|
Dati, we love you io underjlani our PUafuriy ^M
77'tf( of thafi Prifoners, vjhich, by BUr Commend- ^M
rtimt, are kept in our Tower of London, Selden, H
and Valentine, JhsuU be btcught lo-marroui before ■
ytU i wfliu, upan more mature Deltberat'oriy we have H
tifoHied^ That all ef them Jhall receive the fame Treat- H
'/'heat, and that none palt comt before yau^ until lue «■
,' JfiWl^ taufe given us to heReve they will vtake a bet- ^1
^"W Demanftration of their Modcjiy and CiviHty, both ■
^''^'i^lardi Us end your ^Lofdjhips , than at their lafl Ap- ■
PCffTahce they did. ^|
■"Given under Our Signet at Our Manor at Green- ^
"f ; \vich, this 24th Diyo^ June, in the sthYeat ^
*' "^ of Our Reign. H
^ '"5o the Court delivered no Opinion this Term ; ^H
'■y^M, fhe.imprironed Gentkmcn continued in Re- ^M
^' HraVn'c all the long Vacation. ^M
■ '^oWaidS the latter End of this Vacation, al! the ■
'''^'^mt'icci of the Kind's Bench, being then in the Coun- ■
' ^ wyi received a Letter to be at Serjeant's- Int upon ^1
'' 'Michaelmas-Day. Thefe Letters v.-cre from the ■
*"'CoWiI-Tablei and the Caufc exprefTcd in them, V
'■■' mtithhil'Aiamht^pr-efi^an^ur^ertrCkca- ' ■
^^ Aa 3 pn H
374 ^*' ParUamen&ery Hisroav
tiftyX^MMtfim to uft thiir Strviix.- Tfc^e Judges came up'fto>
'V* cordin^y onTuefilay, bc\ag AiicBal/mtts-day. The
jlcxc Morning about four o'Clocle, Letters were
Iirou^t. 10 the Chlc^Juftice from Mr. Trumbal,
• Cleric of the Council ihe« attending, that he and
Judge ffhitkii, one of the Judges of that Couft,
Ibould attend the King that Morning, to ibon u
conveniently they couli! ; which the Chief JuftiG*
and that Judgedid atWamp/aalbatMormiig. Herej
fii^i ftirtit the King, taking them apart from the CounciU Wl
]aii(u, uid cco' upon the fiulinds of the Gendemen in the ?Miur t
fcnwiih fonwofaoti was contented they (hould be bailed, notiritfe
"' ftanding their Obftinaey, in that they wbuld-sdC
give the King a Petition, cxpreffing, Thtt ti^
wire firry hiv/m effinded with tbtm. Hcfliewed'iia
Purpofc to proceed againll them by the 'ComniDn^
I^w in the King's Bench, and to leave his Proceed^
ing in the Star-chamber. Divers other Mattera he
propofed to tile faid Judges hy Way of AdvJce, and
feemed well conienteU with what they anfwered,
though it was not to his Mind ; which was. That
the Offmcis were not capital-, and that, by Law, tht
Prifoners ought to bi bailed, giving Security far their
good Behaviour. Whereupon the King told tb^m^
That he would never be nffended with his Judgtt, fa
they dealt plainly luith hirn-, and did not anfvjtf him
by Oracles and Riddles. Both thefe Judges did, at
that Time, what good Offices thiy could to bring
on the King to heal this Breach. ^ i ; .M,
AMoiionio ThefirftDay of AJUhaelmas Term, itwasttiov*
b^thrfrismtii. g,]^ by Ur.MafiK, to have the Refolutlon offij*
Judges ; and the Court with one Voice faid, That
, ,^;,,-i ., -; they are now eentcnt, that ihiy Jhauld be bailed, hut
- - that they imght to find Sureties alfo for tlnir gmd Btr
haviour. . And Juftice yones faid, That ft it viai
dotte in thi Caje vjbich had been often remembered ta
amthtr Pserpofe, to ait, Ruffd's Ca/e in gE.Ui
To which Mf, Selden anfwcred (with whom all ttw
other Prifoners agreed in opinion) ' That they have
their Sureties ready for the Bail, bui not ifov die good
behaviour; and defitc, that the Bail itoi^tifiritt-.-b^
V . accep(-
I
Of. ENGLAND. 375
tK:ceptcd, and that they "be not urged to tl^ other ; An. ;. Charii,
and that for thde Reafons : '6*9^*^
L < The Cafe here hath long depended in Court,
tliey have been intprifoned for thcfe thirty Weeks»
and it had been oftentimes argued on the one Side
and the others and chofe that argued for the King,
^Iwiys demanded that we ihould he remanded ; and
thole, which argued on our Side, defired that wb ^wiM im
iti^ht be bailed or difcharged ; but it was never the ,rij yn ^J^
J3cfire of the one Side or the other, that -ffz ihoultl a'" i«* .'>»i»*l-
he bound to the good Behaviour. And, in the hft ' ""'* '"'^^
Terin,fi3ur fei-eral Days were appointed for the Rtf*
ftrfution ol' the Court, and thelble Point in Qocflion
was, If hailabie at net. Therefore they now defirc,
that the Matter of Bail and o! gooo Behaviour may
bcfevered, and not confoundej.
' :. II. ' Becaufe the findhig of Sureties of good Ba-
^jiaviour is feldom urged upon Returns of Felonies or
-XieaCons. And it is but an Implication, upon the
.Kcfurn, that We are culpable of thofc Matcets
which are objed^d.
■ . ill. ' We demand to he bailed, in point of
Kighti and if it be nut grantable of Right,, we
do not demand it; but ihe finding of Sureties
. for the good Behaviour, is a point of Dii"-
ctetion meerly ; and we cannot aflent to it, with-
out great OfFcnce to the Parliament, where thcfe
Matters, which, as furmifed by tiie Return, were a£t-
ed ; And, hy the Statute of 4 Hen. VIII. all Punifli-
ments of fuch Nature are made void and of none
Effeft, Therefore, £?<:.
Curia, TheRetumdoth not make mention of •j-j.eQjgj^ of
any thing done in Parliament ; and we cannot, in a the Couii
judicial way, take Notice that thefe Things were done
in Parliament Wbithch,'- The Surety of good Be-
haviour is as a preventing Medicine of the Damage,
that may fall out to the Commonwealth; andit is an
A'3ofGovErnmentandJunfdi£tion,andnotofLa*,'
^ir-Creah, ' It is no Inconvenience tothePrifonersj fiw
tjieJame Bail (uð, and all.lhall be written upon
-;•-:■ A » + 0J19
\
^^a^^M
I
376 'the Parhamettfary Histflkiv
•.i.CbirlMli one. Piece of Ftttchmcnt.' — Hereupoa Sit'RiUi '
^<V }Iealh, Attorney- General &id, ' That by tbeCMi.
mand of the Kiiig, he had an InformatioD nadf H
hisHoml to deliver in iheCourt againll thcm< — hS^t
Chicf-Juftice, * If now yon refufc to find Suretiil
for the good B>.luviour, and be Tot thatCbufeMi
niandcd ; perhaps we, afterwards, will not grantti^
ites Cerpttsityi you* iiufmueh as wc arc made sfi>
quainted with the CauTc of your Imprifonment.' ij.
Hereupon /fP'lty, the King's Sergeant, ofTeied
his own Bail for Mr. HelUi, one of the Prifonori,
(who had nurried his Daughter and Heireis) buf^
Court refufcd it 1 * For it 13 contrary to the CoufTc
of the Court tinkls tlic Prifoner himfelF will becone
bound alfo.' And this Mr. HoUti hid denied to do.
Mr. Ling, tho' he had found Sureties in the Qiief
Juflice's Chamber, for the good Behaviour, tdaitA
to continue his Sureties any longer i inafmuchu
they were bound in a great Sum of 2000 /• Mid ^
good Beiiav lour wasatickiilh Point. Tb»refof^
he was committed to the Cuftody of the Mar&als
and all the otiier Prifoncrs were remanded lu tlx
fovWf becaufe they would not find Sureties ibi iIk
good Behaviour.
An inrarmation The fame Term, an Information was exhibited*
rrtibiid in the by the Attorney -General, zg&m^ ^it Jabn Riiistt
^S'i"yllX ^'"^'^ ^'^^'' ^n"* Benjarmn FaUnrnt, reciting,
Mllici, itu ' That a Parliament was fummoned to be held 46
WtfiminJtcT^ 1 7 Marlii, lerlh Cacoh Jir^w, ittdi
inchoat, and that Sir Jthn Elliot was duly eb^d^
and returned Knight for the County of Cermaaiy
and tlie other two Burgeffes of Parliament for Otbei
Places: And ^'njeljn finch choka Speaker. ._■.:!
, ' That Sir 'Ju/jn Eliiet, mschiaaas fcj" intmdm^
t-mnibus I'iis Etf Mcdis, fim'mare ta' ixtilare DiibDrdi.
Eyil-ivill, Murmurings and Seditions; as;wcll>v(?;-
fiis HfStin, /.-k^^iiaUs, Pralates, Procera, itf JiiSfr
claries fuss, qH.im into" JUagnatei, Procerti^ Hf,
'Jii/!icia:m, Oi reiiquos SubdilQi Rigk, (S totaiiur
d^rlvarc y avcrUre Regimen .ts" Guhernatif^fa,
it_egni,Ap^i^,ftjw;'i VminaReg/f.-^aiiK»tl(^f^/ir^
i'. ,'', " liar Hi
HariU (f~ Mn^fis JUU cufiiJhiiijUt '-g^nerii\ ftf wi-'Ai!:
trodHeereTKmultum ijf Cs«//^«wm in all States and
Parts, if ad inteniienenii That all the King's Sub-
jeils fbould withdraw their AfFefliors from the
King J did Oil the 2jd of Fthruary An. 4 Carsl. in
the Parliament, and hearing of the Commons, /«//>,
malitisfe i^ fedUhfi, tife thefe Words, The King's
Privy-Ctumii, his jH/i^a^ and hit Caunftl leaned'^
funitcmfpired ti^elher it trampU under tht'ir Feet
1^ Liher/ier sf the Sabjeifs ef this Rcalm^ and ihg
tibiNiesofthhH-'iife.'
■flAnd afterwards, upon the 2d of March, Anna. A
AMaid> the King appointed the Parliament to b|
■foamed »ill the loth of March next following;
■Ml fo ftgnified his Pleafure to the Houfc of Com;
mons : And that the three Defendants, the faid 2d
Dayof Afof(-/',4 Car. malitiofe, agreed, and among^
themfelves coHipircd to difturb iand diftrait the
Commons, that they fhould not adjourn thcmfelvcj
according to ihc King's Pleafure before fignified i
And that the faid Sir Jabn Elliot, according to the
Agreement and Confpiracy aforefaid, had maliciouft
if^inPnpopiim W IntmUmmpradiSl. in thc'Houfi
of Commons aforefaid, fpoken thefe falfe, maliciousf
pernicious, and feditiouS Words precedent, &c.
AtxJ that the faid Dentil HnUes, according to the
Agreement and Confpiracy aforefaid, between him
and the other Defendants, then and Xhert, falfgy
maHiisfe, i^ fedillo/e, uttered hac/alfo, tnaliliofa^
^fcandahfa Ferba precedentia, i^c. Andlhatlha
feid Denxil Hilln., and Benjamin f^alemne, fecun-
diim Ap-eameritum W Cimfpiratimem pradiil. i^ aJ
Jiittntianem t? Proptfilum pradiif. uttered the faldlj
Words upon the faid 2d of March, after the fignify-
iAgthe King's Pleafure to adjourn : And the faid
Sir Jahn /■'uichj the Speaker, endeavouring to get,
outof the Chair according to the King's Command;'
They- yi ts* Armls, Manufirti & Ulicilo, aflkultcd^^^
eWl-trcated, and forcibly detained him in theChair'i.
Atid afferwards, h- being out of the Chair, th«jl^' !
»ffa«lted him in the Houfe, and evil-treated him^'
(^viffienur, M.iHuforii i^ iHicito, drew him to the '
Chair,
^
$jB The EarUaii^enibryHisrdiY
ih,I.C*»ilnVQair, and thruft him imoil: Whereu|Km time
**** wwa great Tunmlcani Commotion irt ihe Houfe^
to the great Terror of the Commons there ailein--
bl(;d, agiinlt their Allegiance, i« maximum Cen-
i^mpsuni, and to the Diiherifon ofihe Kingj his
Crown and jDigpity { ; for which, &c.
Their Pld' To this Intbrmation the D&fenduits put in a Flea
^H to the Ju[ir<dii£lion of the Court ; Portifmuch ai ihift
^^k Offeiicu art fiippo/iU la bavibttn ilone in Parliaauntf
^^H thty night rut ts bt punijhed in ibis Court, or any-
^H^ elber exctpt in Parliatiienl. And the Attorney Gene-
ral moved the Courl to over-rule the p]ea, as to the
)urifdi£tion of the Courc^ and thi^ he faid, the Court
might du, although he did not demur upon the
plea; ijut tlie Court would not over-rule the Plea }
but gave a Day to join in Demurrer that Term;
And on the fidl, , Day of the next Term, the Re-
coid to be read; and witliin a HHy after arguedj
at.theB<ir., . . i
In Hilary Tenn following, the Cafe of IVeUtr
Long, Efquire, one of the imprifoned Gentlemen,
came to a Hearing in the Star-Chamber^ whiciiwas
a^followeth:
Mr. Walur ^'^ Information was exhibited into the ^ia^
Lmt'iCihiti'ihiChaml'ir, by S'li Rebirl Heath, Kn^ht, bisM^j^V^
stMi-.Cbami'i. Attorney General, Plaintiff, againft the faii ^fi^
Long Defendant) * I'or a great and prefurngti^^^ '
Contempt againft hiii Majcfiy, fur Breach of' Ll}{.^
and Truit of his Office, and for manifeft and. |W^
ful Breach of his Oath taken as High Sheriff of C^
County of If^ilii, and not refiding and dwelling in
his ciwn J^'etfon in thcfaid County, according to<tho
laid Oath; but.beingchofen one of the Citizens for
llie City of Bmii, in tlie County of S^tmrfit, tq^^f^
for tlic faid City in the laft Parliament, by.pc^^mg
tliereoflx: remained at tcnrfsw or ^f^t/i'iuryier^^tffi^
the Time of that Parliament, by the fpace of ^rqa
Months and above ; in Negledt of his Diuy, and ia
manifeft.. Contempt of ihe Laws of this Kingdom ;
...1 ... .■ .5i . ■ .. ■ . vv^wte
...C^,. .Et'N O: L. a .N. D» • 57-9
Wiieh Gmfe was now, by his Majefty's faid At- An,5.<ft«rjail»
tarnejr General, brought to a Hearing upon tnc ^
iDefisndants own GttireHton.
.* That upon opening the Anrwcr, and reading
the Examination of the faicf Defendant, it appeared
to this Court, ' That the'faiJ Defendant, Long^v/^s
• b? his now Majefty made High Sheriff of the
• CJbtinty of ff^ltSy in or about November^ in the
• third Year of his Majefty's Reign, received bis
• Patent of Sheriffwick for the faid County about
• fen Days after ; and that he took an Oath before
•"one of the Maftcrs of the"Cha|icerj^i for the du^
«* Excciiffofiof the faid OfEce of Sheriff of the faid
^ County/ In whicli .Oatfi, aa' appeared by th©
fame thefe'neadln Cpurt, he did lweaV,*That he
w6uidinhis ownPerfoii remain within hisBailiffwick
diiifng all the Time of bisSherifiFw.ick, unlcfi he had
tii& King's Licenfe .to the contrary ; and that at aa
Eleftlon of Citizens for the faid City of Bathy the
faid.D^fendant^21(7>7^, waschofen one^oFthe Citizens
tb'ferve for the Vaid City of Bath^ in tte. Parliament
then fummoned, to be^ holdi^n and commence upoit
tlfc i^th Day ofMirch^ in the (aid third Year of his
Majefty's" Reign ; and^ being fo chofen, and return-
ed ftjr the Sheriff of tK. County of Somerfet, notr
WittiA^ding His faid Oath taken to remain in his
jJWt^r Perfen, within his Bailiffwick, unleft he were
}}dehf^ by his Majefty; he .the faid Defendant did
ft^ifce his pcrfonal Appearance in the Commons
rtdufe of Parliament, at the City of IVeftminJicr^ in
fhfe Cbunty of Middle/ex ; and did, during the moft
Fart of the fafd Parliament, continue in and about
^ii^City oi London arid JVeJitmnfler^ and did attend
ih'the Parliament, as a Citizen for the faid City of
Bdth^ during all which Time he likewife was, and
comfnded High Sheriff for the faid County of fVilts^
and had no' particular Licenfe from his Majefty to
thecontrary. Upon'Confideration whereof, as alfo
<X the particular 6au(es and Reafons of the Defen-
dant's Demurrer and Plea formerly exhibited untq
tliiefdd Information;* the Benefit whereof was by
Prder of the Court refcrv^d unto the Defendant to
he
LiJ^o ^ VatiUoAettaf^ History
[iti&i be debated and cohfid^cd of at tfic hearJQgof^
Caiife s and of diVtrs other Matters now urgMiW
the DefemJiuit, both toluvC juflificd his thcUJd Pc-
ftndaftt** AireadatKe in Parliament, dod Ihs not
Rcfidtiict m Ptitfen in the County whereof he was
iheii tSIW; iff, 'md among other Things, that it pro-
ptrly l)cloiiK«i to liie Houreof Paiiianicntto judgi:
oFthc JuftiTefe or Unju&ntfs of the fatd_ He-Siffll^
and upon grave and mature Con lade ration .thq^^f
had and taken % the Court ; their Lordftups dld.nqt
■ftnly conceive the did Demurrer and Plea, and. otfier
the Arguments and Reafons ufed by the Defcjidaot
and his Counfel, to be of no Weight or Strength,
but alfo ta be in Oppofition and Derogation of the
Jurifdiflion of the Court; the Reafons moved and
•»^«*sM "'T'Wged for the Defendant's Excufc or Juftification
•"■^"'"T*^ "■'' ' hting clearly anfwered, and the Chaises of the Ib-
.a*.id'.5t^r (formarioninade good by Mr. Aitomey Gtnera/y and
, bthersof hisMajefty's Coutifcl learned.
■ ' And thereforethe whoteCotirt were dearofO-
pinon, and did fo declare, Tiat the /aid I>f/e«d)iii,
•mhoatthal Twu^ as High Shtriff, hadih» Cufiai^
and Charge of the County of Wilts coawiilltd ttgi*
him by hii Majejiy j had taken his Oalh accarSng IB
the Law to abide in his proper P erf on luitbm his
Bailiffwick, duringalhhe Twie »f bis Sherifficuiivi
afoTffaid; and tvhofe Ti-ujf and Emfkyment did re-
quire his ftrfonal Attendance in the /aid Cottrrtyi tad
nsf only committed a great Offence in violatjtig^ jti
faid Oath fo by him lalcen, but alfi a great Mifdt*
- -mtaiter tit Breach of the Trufl commitud unia. hiid iy
hii Miijtjfyi ^ndin Csntempt of his Mojejlfs Jf^.
'uOfcut Sealf •when he granted unio him thefoid Office
efSberiffnickaforefiiid. For which faidfever^gttat
; 'Ofiinccs, in Breach of his faid Oatli, Neglei3 of the
. . Trirft and Duty of his Office, and the grcatijatid
high Contempt of his Myjeil/, their Lonllhipsdid
hold the fame Defendant worthy the Sentence of
tbrCourc ; the raiher, to the Dnd that, by this. Ex-
-■-..- .- ..,.«:;. ■- . aiuric.
ri
ample, the Shcrifft of all otb« Counties may be de- *"'*;g^^"'^
tcrrcd from committing che lilce Otteiicas hereafter t
and may take Noticci that their perfonal Refidence
and Attendance is required withii\ their Bayliil'wkks
durilig the Time of tiieir Shcriffwi;;fc.
The Court therefore thought fit, orderedt ad-
jwdgf'it ^™1 decreed. That the faid D/fin4«til JheuU
^aad and ht committed u th* Prijm of tin Towm»
there to riimin during his M/iji/l/i Pleafurt^ aiyl
ttl/f pay a Fiiitofiiva thoufaad Merit to his Mor
jtjlys Uft ; and further, make bit hamhU SubmiJJkfi
tmd Jckwuilidgmimt of bis Ofenu ioth in the Coutt
^Star-chamtwr, andta his Majijlyy hfife his Et'
tirgtment from tbaicc.
In the fame Term, Mr. iMi//on argued, in the The jujpj gi«
King's Bench, for ^\r John EUiat, againft tbe In-'hfit-Opini«i.,i«
(brmation preferred againfthim (amongft others) **/ j^^^J;,",, &c.
Sir Rebtri Heathy the King's Attorney-GcmeraJ!
tnd the fame Day the Attorney-Geiierai argued in
Maintenance of the faid Infurmatioo : The Judgn
alfoj the fame Day, fpake briefly Co the Cafe, aai.
9giecd with one Voice, That the Court, as this Cafa
is^Jhttll have Jurifdiftion, althmgh that theft Qft*-
ces H«r/ committed in ParUamenc \ and that th im-
friftatd Mtmbin ou^hf to aafwer.
.. . Mr. Juftice jMei began, and fdid, ' That though ^^
s '^fi-Qucftion be iiow newly moved, yet it a an an- * '^^|
-t^^ Queftion with bim; for It had been in bis ^H
v^houghts thefe eighteen years. Vi-n tliis Iiiibrma-
-itiba there are three Queftiona in it :"
:'■.;* I. Whether the Matters informed be true oe^j^ un[a7ir>ts,
^•filjle ; and this ought to be dccennined by Jury or
l^r^piurrer ?
ailj 'rt 2. When the Matters of the labroution arc
lii^tiind or ctuai'ellM to be uuf, if ilie Infujoiatiua
!>i^Lgaad inSubltancei
I'j -^ 3. Admit that the; Offences are truly cbargai,
->^tiiik Court hath fuw^er to punilh them? Andchat
,'5kidie fole Qyeltion Qi Uiis pay.
And
E
I
their r
L.Fo
uitsbe
Am
382 TBe ParHamenfUr^'iJisrotLy
* And it ftems to irte,- that of riiefc Offences, ^^
though ccmmittej in Parliament, this Court fliafl
have JurifJiftion to punilh tliem. The Plea of the
DefiendantSt here, to the Jurifdii^tion being con-
cluded with a Demurrer, is not peremptory unto
them, although it be adjudged againll them ; but
if the Plea be jileaded to the Jurlfdiftion, which is
found agarnfl the Defendant by Verdiff, this is pcr-
remptory.'
' In the Difctiflion of this Point, I decline thefe
Qudlions.
* I. If the Matter be voted in Parliament, whftn
it is finifbed, whether it can be puniflied and exa-
mined in aiiotherCourt^
' 2. If the Matter be commenced in Parliament,
and that encfed, if afterward it may bequeftioned ip
another Court i
* I queftion not thefe Matters, but I hold. That
an Offence committed, criminally, in Parliament,
may be qucftloned elfewhere, as in this Court ; and
that for thefe Reafons :
' Ficft, ^uia imerejl Reipublucs, ut Maltficia mn
majieant impituite ; and there ought to be a freOl
Punifhment of them. Parliaments are called at the
Kiiu^'s Pleafure, and the King is not compellable'
to call his Parliament ; and if, before the next Pat'
liament, the Party offending, or the Witnefles diei
then there will be a Failure of Juftice.
' Secondly, The Parliament is no conftant CoitrtJ
every Parliament moftty confifls of feveral Mc^'-
and, by Conftquence, they cannot take Notice tef
Matters done in the foregoing Parliament; and there
they do not examine by Oath, unlefe it be in Chan-
cery, as it is ufed of late Time.
* Thirdly, The Parliament cannot fend Procefi
to make the Offenders to appear at the next Parlia-
ment; and being at large, if they hear a Noifeofa
Parliament, tbey v/\\\ fugam faeere, and fo prevent
their Punilhment.
• Fourthly, Put tlie Cafe that one of the Defend-
ants be made a Barou of ParlJanicnlj then he cannot ■
be
h of Commons ; and fo he Ab-'S- CfcrfMt
ihall go unptuvllieii'
.^l^llffmCeuTl ■ to {his, therefore this C3«rh:ttatt m
.^H^ifemint thtlr P^acttding!. .I'-'M m
i»M>-'i. ■■■■ '* I
,4ii.To this-Ifay, That this Court of the Ainjit J
Bmch is a higher Court than the Juftiqes of Oy« I
iiu] Terminer, or the JuHiceso* Afliae; But if an I
Oflence be done where the Kiiifi Bench is, oner Uf 1
is removed, this QAence jnay be examined by the I
Juftjces of Oyer and Terminer, or by. thejulticea I
of Aflize. We cannot quciliwn the Judgmenw.oC ..J
Patliaments, but their particuUi' Oiltiiices. i ■- ' t I
.'-It ..<»' J
* A fecond Objeflion is. That ii is a Privily afi ■
Parlta/iieat, vjhereof we ere not compelunt Judges. . \
' To this I fay. That Privilegium tfl privatat I
Lex,l^ privat Legem. And this ought to be t^Granti I
or.Prefcription, in Parliament ^ and then it ought I
to be pleaded for the Manner, as ts in ^3 H. S4 I
(Djer) as it is not herepltaJt-ti. Alfo,. weare Judge^r J
-.ofall,A£U ofPatliamenti as 4//. 7. Ordinance I
m^deby the King and Commons is notgood, andwe: I
are Judges what {hailirefaid a Sirffionof Pariianient,' I
as it is in Plowmen, iaPartridge s Cafe. We are Judges' ■
of' their Li^es and Lands, tlicreforc of their Liber- I
ii^..Ap(l>$ £^'^ (which was eited by Mr. Attorney |> I
it-was the Opinion of Dyer, Cutlyn, IVilfii^ Brewa^^ ■
aivt; $euthail, Juftices, * Ibat Offiwes emmitted ial J
P^Uamfnt may bt putiijhed out :f Parliamtnt\ Andij M
.3 Ed. 5. 19. it is good Law. Aiid it is ufuai,.ne^ , ■
the, £ud of Parliaments, to fet dawn foaie peic/ 1
Punifbmcnt upon OSenders inPariiamen;, to pre- r I
.veiK^other Courts. Andl liave feen a Roll in ihisn J
Court, in 6 H. 6. where Judgment was given in a; ■
Writ of Annuity in Ireland ; and afterward the faylj I
Judgment was reverfed ia Purltainent in helandi I
u^n which Judgment Writ of Error. was farou^CL 1
'i{Li|MS Court, andreverfcd.*
j84 fti P'rHamniaifUiST&tiY
HiJr, Chief Jufiice ar^ed to tho fiune I
f- * No new Matter hath been offered to us, now,'1_
them that argue for the Defendants ; but iheHS^'
Reafom and Authorities, in Subftance, whtdiwen
objeiSet! before ail the Juftices of Eng/md, and Bar-
ons of the Bxcbtpur, at Strjeanfs- Im'in FUet-Strtfti
Upon an Inibrmation, in the Siar-chamhr', for the
feme Matter. At w^iich Time, after great Delibe-
ration, it wai rcfolved by all of them, Thtt an Of-
fence eanmitted in Parliament, that being ended, may
he fwijhe4 wl of Parliament : And no Court more
apt foe that Purpofc than this Court, in which we
are; for it cannot be punifhed in a future Parlia-
ment, becaufe that cannot take Notice of Matters
done in a foregoing Parliament.
* As to what was faid, ' 7'hat an inferior Csurt
(annul meddlewilh Mattert dene in a fuprrior ; True
it is, that an inferior Court cannot meddle with
Judgments of a fuperior Court; but if particular
Membersof a fuperior Court offend, they areoft-
times punifhabJe in an inferior Court : As, if «
Judge (hall commit a capita! Offence in thisCour^
he may be arraigned thereof at Netogaie. 3 £. J
19. and I Mar. which have been cited, over-nik
this Cafe, Therefore, tfc.
/if^/7/i(i-ie accordingly. * I fay in this Cafe,
* I . Nihil diiiiim quad nen diilum fifins.
* 2. That all the Judges of Eniknd hare refotr-
ed this very Point.
' 3.That now we are but upon the Brink andSkim
oftheCaufe; for it is not now in queOion, iftbcfe
be Offences or no ; or, if true or falfe ; but only if
this Ceuit have Juriftii^tton.
*Itiiathbeenobjeiaed, 7J/»( theOfenec i! ntfea-
piial, therefore it is not cxaminahU in this Cmrt. Bill
though it be not capital, yet it it criminal j for it is
fowing of Sedition to the Deftrudtion <)f the Cont*
mon-wealth.
«TI*
mm
}
0/ E N G I, AN D. j%
' The Queflion, now, is nol between us, iha; are An, 5.^it(f
f Judges of this Court, and rhe PaHiamenf, or ftefween 1629.
.Ihe iiinR Hiid.ilic Pirliamciitj but heiwveti ftxne
iprivate Members Of the HuUle of Commons and " " ''
tlieKingbiajliU': For here the King hioi feif qitef-
tions them for ihofe Oflences ; aswdlhem^y. In
ever/ Common- Wealth there is one luper-emincnt
Hower, which is not fubjedtobeijucllionedbyany
other; and thatis the K-ingiii this Common' Wealth j
who, as Bra^tiJt iaiihg Salum Dtvm i>ai>*i VUsrsm :
Eyi no other, within the Realm, bath this Privi-
lege. Ii is true, that thai which is done in Paili-
amerjr, by Confent of all the Houfe, fliall not be
qu^itbned elfewhere ; But if any private Members,
e'xeunc P'erfinas "Judimni, is' induunt Makfmsniium.
Perfinai, is" fiintfeijthfx ; is there fuch Sanftimo-
ny in the Place, that ihey may not be queftioned
for it eifcwhere ?
, ' The Bifhop of Syi, as the Cafe hath been put,
being Ambaflador here, prailifed Matters againlt
the State: And it was relblved, That although
Legatusfit Rex in alieno Solo, yet when he goes due
of the Bounds of his Ofhce, and complots with
Traitors in this Kingdom, that he (hall be punifhed
as an Offender here. A Miniftcr hath a great Pri-
vilege when he is in the Pulpit; but yet if, in the
Pulpit, he utter Speeches which ate IcandaloLis to
the Stale, he is pupifhsble. So in this Cafe, when
a Buroefsof Parliament becomes mutinous, he (hall
not have the Privilege of Parliament. In my Opi-
nion, the Realm cannot confift without Parlia-
ments, but the Behaviour of Pail lament- 1^1 en ought'
tobe parliamentary. No outrageous Speeches were
ever uledagainft a great Minifler of State -in Par-
Jiament, which have not been punifhcd l( a Judjfc
of this Court utter fcandalous Speeches Jgainft the
Stale, he may be quellinned for ihem before Com-
mi^oners of Oyer and Ttrmiatr ; becaufe ihie is no
jlJdicial A(i of the Court.
, * But it liatb been objatted : Tha: vji cannot *«»- ■
n:ini Atli doKc b\ a hsM: ?<iv.tr. 1"o ihw i. put
,.y.ouViI!. Bl> ihia
5^ Th/¥/^lihm^t^'ilikr6'^Y
mUhisCafc: When 3 Peer oFihe Realm is arrsigtieJ
of Trciron, wcare not his Jiirfgcs, but The Bigh-
Srewaid j and he Ihall be tried by his Peers ; Batif
Error fee totntnitted in lh'« Procteoing, (hal (hall
be reverfcd by Krror in this Court : For Oiai wliidi
ve do is CTTttm ipfi 'Ri^'-
■•It ^3lll been ohjedled. That the ParliatfuU-'
Va'o difffnfrani tht Lmif hyvjhkb^tjudgty ialbiH
Criurt, lifimdry Cafet. And for the InftatlC* wMdH
li«h tWtfn made, 'il^at. by the Statute, nmetugbt-it
hfchiltn Burgefi of a 7nvrt in which he doih nat oc
hS:t\ but that the VJagiefPartiament h (OMirary:
YetilinfOrmalton be brought upon the laid Statute
airainft Inch a Burgels, 1 think the Statute is a go«i
Warrstif for us to give Judgment againft him.
* And it haih been objefted. That there is no Pre-
ttiknt in this Matter. Bur ihereare fundry Prece-
dents, bywhtcli it appears, that the Parliametilhaih
'ranfinittcd Matters 10 ihis Court; as z. Riih. il.
there being a Qucition between a great Peer and a
Riihop, it was iranfmitted to tli'is Court, being for
Mailer of Behaviour: And although the Judges of
ihis Court arc but infcriour Men, yet the Court in
higher; for it appears, by ihe ii. EHz. (Dyer)
Thar the Karl iMjtfhal of ErtgUnd is an Officer of
ihis Court; and it isalwaysadmiited in Parliamem,
That ihe Privileges of Parliament hold not in three'
Cafes, TO wit, Firft, In ea/e sf Treafon ; SeCondlv,
htafeifFihiiy, and. Thirdly, InSmtforthfPmt.
And the hft is our very Cafe. Therefore, is'i,
Mr. Juftiee Cro^h argued to the fame Intent, he'
laiJi ' Thefe OfFEnccs ought to be puniOied it) xY,\i
Courr, 01- no where; and all Manner of OtieiYces,
whichare againft the Crown.arc examinable iti' this
Court.
" -' It hith been objefled, That by this MeamyMit
xcifl' advtiiturc to make bii Cwiphnnts in ParliJtrtOit.
ITiacis'not lb; for^htf msij complain in a pflflla-
mrntary CouilV, but not lahely and unlawfully, "ai
hhr Is prelcnded ; for ih:it which ii unlawful c«h-
fiiM be apailiaiiieiitarv Courfc.
-^ji^
• Of E.N,.p,j:,...A.Na, . ^%7 .
« It hath been objefled, ,7&?/ tbe^fn^liament /iAn.5.Chariesi,
a higher Court than this. And it is true : But every ^^^"
Member of Parliamtnt is not a Court; and if. he
commit Offence, he is^punifhabl^. here. Our Court
is a Court of^igh Jurifdidion, tho' it cannot take
Cognizance of real Pleas ; but if a real Plea comes
by Error in this Court, it fhaUnev.erbe tranCtnitted.
But this Court may award zGrand Capias, and other .
Procefsufual in real Adions: But of all capital and
CfiminalCaufes we are, originally ^competentjudges;
and, by Conlequence, of this Matter. But I am
not of the Opinion of Mr, Attorney General, That
the Word Proditore would have made this Trea-
fon/
And for the other Matters, Mr. Juftice Crook
Agreed with the other Judges. Therefore by the
Court, the Defendants were ruled to plead further ;
and Mr, Unthaly of Lincoln's- Imy was afEgned of
Council for them-
- But, inafmuch as the Defendants would not put
in other Plea, on the laft Day of the Term Judg-
ment was given againft them upon a Nihil dicit ;
which Judgment was pronounced by Mr. Juftice
Jones^ to this Efted :
* The Matter of the Information now, by the The judgment
Coftfcffion of the Defendants,' is admitted to beP«*"0"n«.<* ^r
true; and we think their Plea to the Jurifdidliohjoncg.
infufficient for the Matter and Manner of it.
-And we hereby will not draw the true Liberties
of Parliament 'Men into queftion; to wit^ for
fuch Matters which they do or fpeafc in a parlia-
mentary Manner : But, in this Cafe, there wa»
a Coofpiracy between the Defendants to flander
the State, and to rai(e Sedition and Difcord be-
tween the King, his Peers, and People ; and this
was not a parliamentary Courfe. AH the Judges
• of England^ except one, have refolved the Sta-
tute of 4. Henry VIII. to be a private Aft, and
to extend to Stroud only. But, tho' every Meni-
:ber of the Parliament fhall have fuch Privileges
as are there mentioned, yet they have no Privi- '
lege to fpeak at their Pleafure, The Parliament
B b 2 Ms
388 The Vartiamentary His*5Kr
An. 5. Charles J.* IS an high Court, therefore it ought not to be dtf-
'629- * orderly, but ought to give good Example 10 oilhcr
* Courts. If a Judge of our Court fliaU-raU at
* the State or Clergy, he is punifliablc Yor it.- A
* Member of the Parliament may cha«){e any gfcat
* Officer of the State with any particular Ofience %
^ but this was a malevoloUs Accufation, in theGc-
* nerality, againft all the Officers of State; tbere-
* foru the Matter contained within the Inforfdatioa
' is a great Offence, and punifhable in this Court.
* P^or the Punifhment, although the Offdicxi be
' p.reat, yet that (hall be with a light Halid| aad
* (hall he in this Manner :
1 . 7bat every of the Defendants Jhall be 'wiprlfrnd
during the King's Pleafure : Sir John Elliot to be
iwprfoned in the Tower of London, and the otter
Defendants in other Prfons. '"■
a. That none of thern /ball be delivered mt§fPri^
Jon J untill he give Security in this Court for hisg^ti
£ehavicur\ and have made Submijfion and jfchtotV'-
hdgement cfhis Offence,
3. 5/V John Elliot, in af much as we think bimfbi
great ejt Offendei\ and the Ringleader^ (hall petfto
the King a Fine of 2000 1. and Mr* Holliis aUhe
cf rooo Marks : And Mr, Valentine, becauje he'ii
ofkfs Ability than the refl^ flyall pay a Fine ^500!.
And to all this all the other Juftices,*with'itoc
Voice, accorded. "
Thus the Judges, who, in the Cafe of Sif IM*
ley Digges nnd Sir John EViot^ before- mentidfifd,
give it as their Opinion, * That the Rellraiftit'of
* rhofc two Members was equal to a Reftfairttof
* the whole Houfe \ now found it better 'LaW' to
fey other wife (tf). , '- ■
Some of thefe Gentlemen died in Prifon, becaufe
they would not pay the. Fine ; others, not abbto
pay it, on their Petirions, Submiflion, 4nd Conditioii
not to come nearer the Court than fen Mifes,^iilid
giving a Bond of 2000 1. for their good Behavicior,
were rcleafed. Amongft which was Mr. Streud-^
a younger
. ,0/:. EN G.I, AN- IX- .58^
a younger Son of Sk John Stroud, then living ;An-5'^P»»»'-l"^
yirhofe buflferings, npw, were afterwards arpply re- ' *^'
warded.
Soon after this. Parliament was diflblved, his Ma-
jcfty underftanding. That fevcral -Members of the
Houfc of Comnion^ had, induftrioufly, fpread it
about, in different Parts of the Kingdom ; * That
he was for deftroying the Liberties, of the People,
by taking TCunnagi and Poundage without Con-
fent of Parliament ; that Trade w;^s quite mined
^ and gone j and Religbn in Danger :' The King*
fet forth another Proclamation j with which we
fhall take a final Leave of this Parliament {b).
By the KING.
nrHAT, notwithjianding his Majejifs late Decla-'T^^ King^Pro-
I ration forfatisfyingtbeM^^^^^ e^l^l^f
his loving Suoj£^S9 jome tll-dijpofed Perjom do fpreadscz,
falfe and permdous Rumours abroad; as ifthefian-
' dakus andfedltiom Propoftlion^ in the Houfe of Com-
monSy tumultuoujly taken by fome few^ yter that by
his Majeflys Royal Authority he had commanded their
Jdiournmenti h^d been the Vo'ce of the ivkok Houfi,
• whereas the contrary is the Truth, Which Propop.tion,
was a Jhing of a moil wicked and dangerous Confe*
pie nee to the good Eft ate of this Kingdom ; and it
dbpearetb to^be fo^ by thofe Impreffions which this falfe
Rumour hath made in Men^s Minds ; whereby^ out of
iuufekfs Fears ^ the Trade of this Kingdom is di/iurbed^
and Merchants difcouraged to continue their Traffick.
His Majefly. hath thought it expedient^ not only to ^
. mmifeji the Truth thereof^ but to make known his
RsyCiPleafurey That thofe^ who raife or liourijh falfe
Report i,^ Jhallhe fever elypunifhed ; andfucb as chear-
fully go on with their Trades^ fhall have all good En-
couragtment ; not purpofmg to overcharge his Subje^s
by any new Bur Jens ; but tojatis/y him felf with thofe
Duties that were received by the King his Father^ of
. ihj/id Memory^ winch his now Majefly neither can
nor Will difpence withal, And^ whereas ^ for feveral
Bb3 ' ;//
{h) Frankly n^t AnnaU» p* l^i. This PrccUmidon is not ii>
JLi4^nuortb, ' # ' ■
3po T7)eTarliamefttary HiSTxiKT
A:. 5.rhaTi«i HI Ends^ the Calling again cf a Parlianunt ii £'
JU2.J. z^ul^eJ ; kowfecver kis Majejiy hath Jhewed^ ig Bis
frequent iXheting with his People^ his Love to tbe
life of Parliaments ; yet^ this late Abujct having,
for the prejenty driven his Majejiy ^ unwillingly^ olit
cf that Courfc ; he faall account it Prefuniption fyr
any to prefcrite any Time to his Majejiy for Partia'
ments ; the Callings Continuing^ and Ui^ffolving of
them being always in the King^s own Poiuer, jtni^
his Mtijejly /I)all be more inclinable to meet in ParRa-
inentagain^ when kis People Jhallfe^ more clearly vit9
lis Intents and A£iiQm\ when fuch as have bred this
Interruption /tail rece've their condign Vunijhm'eht'^
ivid ihfe that are mijled by them^ and fuch ill Re^
. ports as are rafed upon this Occafon^ Jball come to
a better Underfandlng cfhis Majejiy and themfelves.
A Review of tiie Thus ended the third Parliament of KingCA^^rZfjL
moll remarkable and In the lame Manner with the two former ; the
^omlhl^Siroiu-^^^' as has been faid, being diffolved by the Influ-
tion oAhe i»ar- cnce of the Duke of Buckingham^ and the laft i^j the
liamenr, 1628, Lotd TTesi(i)rer ff^e/lon. TheCharafterofthi^Mi-
o/th^^M^^'"^ niftcr, and of others concerned in thefe Times, we
leave to the defcriptional Pen of the noble Hiftoji-
an : The Defign of thefe Enquiries, not being to
enter into fuch Perfonalities ; unlefs, we fipd fomc
Minifter of Stare, drawn to our Hands, in fornc
particular Speech made in Parliament.
IVkitbcke tells us. That, foon after the Diflbju-'
tion of this Pailiament, the King took a Courfe to
gain the moft eminent Members, that had been a-
gainft hira, to become of his Party, arid to do him
Service. Accordingly Sir Dudley D'-ggs was made
Mailer of the Rolls, Mr. Noy^ Attorney- General,
and Mr. Littletcjiy Sollicitor.
Wc havo nov/ a long Series of Years to run
(jYlt, wiih'jut the Icall Mention of a Pailijuient j
the King and his Council being rdblved to ufc their
union: EiTorts in fupporiin^ theStaic, without the
ATillmceof that other great iManch of l^>-^'['h Le-
i^^iilaiurc. Lord Cl^re^idon oblcrvcr, * Th.ii (heun-
h.ippv
Of E N Q L A N p. 35>i
* ■ ...
happy Aflaults, made upon the Prerogative, had An. 5. chariw i.
producled the untimely Diflblutfon of the laft"; and *^*?'
the "King was relblved, now, to try if he could not
give his People a Tafteof Happinefs, and let them
fee the Equity of his Government in a fingle State.'
To this End, by the Advice of his Council, the
King firft made a firm Peace with both the Crowns
of France and Spain^ upon better Terms and Con- v
editions than could reafonably have been hoped for ;
cfpecially, when tbefe two' Powers mull know that
the Sinews of War were wanting, in the Englijh
Miniftry, to carry it on. Being fecured in that
grand Point, rtiany Projeds were fet on Foot to
fupportthe State ; which, in a free Country, mull
ever be termed illegal. Supplemental Afts of State
were made to fupply Defeft of Lawsi Tunnage
and Poundage^ denied by Parliament, and other
Duties upon Merchandizes, were coljedled by Or-
der of the Board 5 and new, and greater, Fmpofi-
tions laid upon Trade. Obfolete Laws were re-
vived, and rigoroufly executed ; * By which, fays
the Noble Hiftorian, the Subjeft might be taught
how unthrifty a Thing it was, by too ftrift a De- " \
taining of what was his, to put the King, as ftridl-
.iy, to' enquire what was really his own (r)-' '
. ^For this Purpofe, the aittient Law of Knighthood Anno 1630.
was revived ; by which a great Sum of Money was
received " from Men of filiates liable to this Fine ;
'hut^ though, in it^s Foundation, it was right, yet
jhc Circumftances in Proceeding, this Way, were
".thought very grievous. Many other Projefts were
'let on Foot, fpme ridiculous and fome- fcandalous,
fays Clarendon^ but all very grievous ; the Envy and
' Reproach of which came to the King, the Profit.to
other'Men. Infomuch, as the aforefaid Hjftbrian
averrs, that of 200,000!. drawn from the Subjeft
. by.thefe Waysv in one Year, iicarce 1500 1. carne
to tlie King's Ufc or Account. To rccompcnfe
the Damage the Crown had fuftained by the S:ile of
the old L^nds and the Grants of new Penfions, the
old Fcrcil Laws were revived j h\; ^vhich, noton-
(c; Clarendon VcL 1. p. 53. fol Ti\t,
k 10 Cu.Lly great Fines vrcieioipofcd, but great anouatjl
''^'*|- iatendcd, and like to be fculed by Way oft
Itaft. This Buntien fell, mollly, on i^eifoDBj
Qiia'iiy and 'ai'^5 Eftates, who thought themfelvi
above ordinary Oppteffiotis; and were, theieioq
the more likely lo remember it with ffiiteineji. .
But the mo'ft notorious of all thefe Imjufitioil
and ihc r.-iol\ remarkable, in the HiAories of thjj
Times, was the Affair of Ship-Mo'iey. it i^«4'M
Iiave been firft projcfled, in the Year 1 654» by tbi
then, Atiorrey-GcrietalNs)'; who died.foon^M
and left this Legacy ; whi>^h, aflerwaidf praff!
. the greatell Make-bate, (hat ever yet happeu
between Prince and People. It wasdefigoed. at fifj
like our Sinihig Fund, as an inexhauftJbie Spring^
or Magazine, that fliould have no Bottom t and
tor an cv'ethfling Supply, on aJl Occafions. To
this End, a Writ w^drawa in Korinof I^w» ati<i
diffoSed to the Sheriff of every Coun;y in Er/git^"
* To provide a Ship of War for the King's Scrvici.
' and 10 fend it, amply ftorcd and fitted up^ j
' fuch a Day, la fuch a Place-' And, with itR
Writ, Were lent Infttudions to each Sherift", ' Tbs
* inrteadofaShip, helhouldlevy upon his C
' fuch a Sum of Money, and return tho laoie tl
' the Trcnfurer of Uie Navy for his Majefty^a Ufij
' with Direftion in wliat Manner he ihould prg
* ceedaKainftfuthasrerufcd.* By ihisWay,alonn
theyearl}' Sum of loo^oool. accrued to theKingV^
Cotters ; but, tho' the Receipt of it was levied, re- ".
gularly, for four Years together, yet it was, at .
laft, put a Slop 10, by one private Gcntleman'a
Refufal to pay twenty or thirty Shillings as his Share.
Tills (jccalioned a L^w Suit» between tiie King and
yebn Hambiien, El'q; which was, publickly anil fo- .
lemnfy, argued, in ihe£;f(*fy«r-C/;flm.''#;-,beforeaU
the /iidges Ui EngUnd : Of whom ten gave their ■
Opinions for ihe King's Right to impofe, and lh>^
Lcg,il,iy of this Tax i but, as Lord C^reniisii a-
gain obferves, the Jijjigmert proved of more Credit
and Advann^e to tlie GcDlicman condemned, than
id the Kings- Set vice.
' ■ ■ ' . ■flut.j
- ' Of E N G LA N D. S93
But; as ^U thefe Taxes and Impb&tionsa as well Afli tuCu. i.
as the Perfons concernedin advifing of them, will he • '•s^*
more largely treated on, in the Proceedings ^f the
next Parliament, We feall wave any. further Dif-
quiiiHon of them here. We have,, chiefly, followed
the -Noble Hiftorian, in the preceedihg Account ;
and furt, he fays, he cantaot be accuied of much
Ffettery in the InquifiticSn. Howeyer, he add^,
• Thefe Errors in Government were not to be im*
puted to the Court, at that Time, but to. the Spi*
fit and Over- Aftivity of the Lawyers of the Priyy-
Council 5 who (hould, more carefully, have pre-?
ferved their Profeffion, and its Profeffors, from be-
ing profaned by thofe Services, which have rendered
both fo obnoxious to Reproach.'
And yet, notwithftanding all th^fe Exadtions
looked fo formidable, and feemed to threaten the
utter Ruin of the Kingdom ; it is certain, by the
Tcftimony of the Noble Hiftorian, RufiworihKim'^
felf, and all other cotemporary Hiftorians, That
the Nation never was happier than in thefe very
Times : For, during the whole Period that thefp-
Prefllires were executed, and thefe new. and cxtra-
ordihairy Ways were run ; that is, fropi the fourth
Yeaf of this Reign, when the laft Parliament was
diflblved^ to the Calling of another, a Sequel of a-
bout twelve Years, this Kingdom, and all the
Khig's Dominions, enjoyed the greateft Calm, and
the fujleft Meafure of Peace and Plenty, that' any
Peo\)le in any Age, for fo long a Time together,
eVer were blefled with ; to the Wonder and Eii-
vy of all oilier Parts of Chrijiendotn \ and was the
mferc vifibly manifcft in England^ at that Time, by
thJe (harp and bloody Wars between. the neighbour-.,
kig Crowns of France and Spain j and from the uni-
verfal Conflagration, which, from the Irivaficn of
the Swedes^ under their fapious King Gujlavus A-
dolphus^ covered then the whole German Empire. .
Indeed, fomc iitile Diftuibances happened in Srct-
hanti^ in the Yci^V 1637, by the Iniroduftion of
the E^igl'P'^ I iuirgy into tliat KingdpiTii The Doc-
trine
3p4 TBeVar'iiarie^aty RtSTOv^Y
^ytp-Cti.Utrmt of Jt!»' Knix had gained (o faft a Footing
•••I'" rbere, that al) Arclibifhop Laud's Injunctions, ot
Admonitions, could not remove it- The Sfj/j be-
gan to be very tumuhuouf on this Occafion ; tliey
petitioned the King and Council agiinft the Litur-
PYi and, at Uft, entered into nfolemn League and
Cfvtaani to foppon their own Reformed Kirk, To
quiet thefe pcriutljcd Spirits, the Marquifs of Ha-
tnilton was fciic ihc King's CommilTioner into Sm-
k/idi who had a Conference and Conlultation with
the Covenanttrs; and ihey, demanding a General
AITembly of the Kirk, nnd a Parhament} and, at
the fame Time, doubling their Guards, the Mir-
quifs thought himfelf not fafe amongft ihem j but
retired to Dtilinth, and fcnt to the King for new
lollrudlions'
Anao ifijB. SoOH after ihe King confented to the Dcfirea
of the S(OCit and allowed of both a General A/-
fembly of their Divines and a Parliament ; but yet
the CevejiunUrs were not fatisfied ; and the Mar-
» quits had many Journeys, backwards and forwanjs,
to fettle this Affair. This Year, on his Keturn
to Edinburgh^ he futnmoned a Council, to wboin
he delivered the King's Letters, containing 3 De-
claration for nulling the Service- Book, High Coib-
miflion, Canons, ^c. An Aflcmbiy of Divines met
at Giafgovjy agiinft which the Scsii BJlho)«3 pro-
ttefted ; but it did not (it long, being quickly dif-
folved ; and the Matquifs of Hamilton again re-
turned for England.
The Earl of Argyld about this Time, joined
the Covenanters j and the Acquifition of fo potent
a Lord, gave them fuch Spirits, that they bpgan
to arm in. all Paris 5 and even foliciced France, an
old Ally to the5i:WjNar.ion, to aflill them, State-
Papers were difperfed in England, to vindicate their
Attions and Intentions, which were lupprefi'ed by
PfcicUmition.
16, '1'^*^ ^'"S finding that nothing could reclaim
""' '' his nalurarborn Subjefls from this cnthufiaftic At-
tempt, refolved to reduce ihem by Force; and,
■accordingly, iMs Yeai, inarclicd «illi an Army
l_
0/ E N G L A N D. 39^
to the Borders, and encamped within two Miles of An. 15. Car. i.
Berwick^ and in View of the Scots Army. At '^39-
the fame Time the Marquifs of Hamilton appeared
with the Ehglijh Navy, at the Mouth of th^ Firth
of Edinburgh, Reduced to thefe Straits, the Csve-
nantemY\Qu%\)X fit to capitulate i and the King foon
granted them a Pacification, oh .their Promife to
lay down their Arms and prove better Subjefts for
the future. Both the Armies were dilbanded, and
the King returning to London, the Scots feditious
Papers, being difowncd by the C^#;7tf«/#r;, were
publirkly burnt.
' But to return nearer home.
The King's Councils were now faid to be chief-
ly c:overned by Arclibifliop Laud and the Earl of
Strafford ; Names that are top well known in Hi-
ftory to need any Explanation here. The former
had been introduced to Court-by the Favour of the
Duke of Buckingham j made Bifhop of St. Davids^
afterwards of London^ and, laftly, Archbifhop of
Canterbury, -^'xx Thomas Wentworth has, already, •
made a Figure, iii thefe Enquiries, as a private
Gentleman and a Member of the Houfe of Com-
mons ; but is likely to make a much greater foon,
under the Titles of Baron Tf^entivorth^ Lord- Deputy
of Ireland^ and Earl of Strafford. •
TTie late Expedition againft the Scots had greatly.
impoveriOicd the King's Exchequer ; and there be-
ing, again, Reafon to fear another Infurrcflion in
that Kingdom, an Army was judged neceilary to
be raifed 5 but no Means could be found to fupport
it, except by the AffiftaiKe of Parliament. Thofe
Aflcmblies had now been difufed for, neai, twelve.
Years ; fome Diforders in the laft, which occafi*
oned the Diflblution of it, had (6 far difgufted the
King that he was little inclined to call another Par-
liament, till the Exigencies of State and fome fa-
vourable Infinuaiions obtained it from him. The
Temper of the Houfe of Peers was not to be ap-
prehended ^ and it was believed, that the long In-
termi/Tion, and ihe general Compofure of Mcn>
Minds, in a happy Peace and univeifal Plenty,
would
3^6 r/j«>^rfrA»«ip«lAr^H*sT08.y
r. would have induced ihe Narion to chufc fuch M«n
for their Reprefcntatives, as would not diftorb thoft
two great Elcdings of Life; notwiihftanding the
Murmurs of the People againfl fome Exorbiu'nces
of the Stale. Efpecially, too, when the Kingiiotn
was highly exafper-iTed jgamft the Satr, for their
!a[c prefumptivc Invalion i it was believed that a
Pntllamert would exrirefs a very (harp Senfe of
their Infolencc and Carriage towards [lie King, and
provide accordingly (i^). <
Upon thefe Motives and Reafons, and by jbe
unanimous Advice of hi? whole Council, the King
*vas induced to call a Pjrliament i and the Lord
Keeper was direfted to iffuc out Writs for one to
meet the r3th [a] of April ; which was in the
Year 1640, and in the loih of this Reign.
Mr. Rujbwsrth hath giv^n us the Names of all
the Members of the Houfe of Cqmmons, who wece
elefled to feive in this ParliameTU ; but this we
think needlefs to repeat here, fince they were dif-
folvcd in three Weeks after their firfl Meeting; and,
elpccially, as we deCgn to give an exa£l Lift of the
Members of the next, or lung Parliament, with all
the various Changes in that Body, down to tl^e
Relloration : By comparing which, the. Readv
miy obferve what particular Alterations there Were
made in ir, by Death, or otherwife, during a'^Sc-
ries of Twenty Years. - ' , , '_
According to ancient Cuftom, Proclamation 'Was
made in the Lobby of the Houfe of Commons, by
Order of the Lord Steward, the Eai! of /frundtly
That all the Members (liould take the Oaths o?
Allegiance and Suprem;icy, before him, of ijiey
could not take their Seats in the Houfe. He alfo
gave Orders, Th« if there were more retutned
than ought to he, none fiinuld be fworrt, umiH it
Ih-jiild be decided by the Houie who were duly
-■ ■ ' ■ eleacd:
J
<y -BllS,<J...i.iA.JJ5:Bf iff
clewed 1^ And that no Earl's ddcft Soa IhouU be Am >$■ Oi.
called by the Title of Vifcotint, feff. ''JS-
i^riV 13. The ihree Eftates of ihe Realm beingA ntw Pari
met in the Houfe of Lords, wiib ihe ufual Ceremo. iiKni_oiirf,
I and Formalities, the King opened the Seflion ^™'^
with a few Wotdi to this Effect (./) :
My Lords and GentJetlKDj ■., •■■!-. ,|. ,;-. 1
THsre never was a Kifig that' hud v»-Ww»'^»*a*The Kinj'i
and weighty Caufe to call his People tagethir than^v^^'^ *t T""-
^yfelf: [ will mt trouble you with the Particulan ; ""^ '^' ^"'"^ *
/ have infcrmtd my Lord Keeper, and ammandei
kim tajpeak and defjre yosr Attentisn.
Then Sir John Flmh (g)^ Lord Keeper.fpakfc ifilbai '
My Lard!, and ym the Knigbts, Citizens, and
Burgejps of ihe Heuje ef Commam,
* XrOU are here, this Day, aflembled by his^nd the UiJ
* X Majefty's gracious Writ and Royal Gam- fCetpei't.
* mand, to hold a Parliament, ilie Eeneral, aniient,
* and greateft Council of this rcnoA'ned Kingdom.
' By you, as by a feleit Choice and Abftraft, the
' whole Kingdom is prefented to his Majeily's
* Royal View, and made happy in Ihe beholding
* of his Excellent and Sacred Pcrfbn,
* All of you, not only the Prelates, Nobles, and
* Grandees, but in yourPcrlbns that ate of ihe
' Houfe of Commons every one, even the mcareft
' of bis Majefty's Subjects, are graciouBy allowed
' to participate and (hare in the Honour of Ihole
* Counfels, that concern the great and weighty Af-
* fairs of the King and Kingdom- You come all
* armed with the Votes and Suffrages of the whole
' Nation ; and I aflure myfelf, your Hearts are
* filled with that zealous and humble Affeftion to
' his Majelty Perfon and Government, that fojufl,
' />
(f)FTomthtLtrd,yeunia!i. TIic Pafiara ia Crotehettr Iw
(l) Speiker of the lilt pjfliamtDt, , •
3p8 The'Par/iametJttiry'ilizrdKY
it, iS'-Cu, r.« fo pious, andfo gracious a King hath Reafon fta
I 16**; * expccl from a!! his Subjefls.
* I (ioutit not, but you rfjoicc at this Day's
' ' Meeting ! and methinks you (hould do fo too,
' fbr good Reafon you have lo do fo i and with
*-sfl HumbfcntfsofHcarMo acknowledge the great
' Goodiiels ol Jiis Majefty ; who, lequeftring the
* Memory of all former Difcouragemenis in prc-
* Ceding Aflemblies, is now, ihro' a fatherly Af-
' fcdiion to his People, and a Confidence iha:
' (hey will not be failing in llieir Duty to hira»
' ' * gracioully pleafed to invite you, and alt his loving
* Subjects, lo a liicred Unity of Hearts and Affec-
" * tions, in the Service of him and of the Com-
HCZ ' mon-Wealth ; and in the Execution of thofe
^^^1 * CouTifeb, that tend only to the Honour of hij
^^^t * Majefty.andtoihegood Prefervation of you all.
^^^H * His Mftjefty's ICingly Refolutions arefeated in
^^^B ' the Ark a( his facred Grealt, anil it were & Pre-
^^^K , * fumption of too high a Nature, forany Vzziafi,
^^^C * uncaii'd, to touch it; yet his Majefty is now
r * pleaied lo lay by the (hining Beams of Majefty,
' as Phosbai did 10 Phaetun, that the Diftance be-
' Tween Soverijigniy and Subjeition fliuuld not
' barr you qf th:it filial Freedom of accefs to his
* Perfon and Counfels: Only let us beware how
^ ' with the Son of Cljmeni, we aim not at the
* Guidin'gof the Chariot i as if that were the only
[ * Teftimony of fatherly AtFedtion: But let us
L * ever remember, that though the King, fome-
I * times, lays by the Beams and Rnys of Majefty,
' ' he never lays by Majefty itfelf.
* In former Parliaments you have been advifed
* with, for the preventing and diverting of thofc
^^^ • Dargera, which by foreign and more remote
^^L . ' Counfels, might have tended to the Difhonour
^^H> ' and- Ruin of this Nation ; but hciein his.Ma-
^H^ * jefly's great Wifdom and Providence hathi foe
^^^ * many Years, eafed you oF thai Trouble;, "his
' Majefty having with f^reaijutigment anJ Pru-
, ' driice, not only feen and preveuied our Danger,
* but kept up the Honour and SpJendor of the
Of E N G-X AN D; 359
EngBJh Crown, of l^bichat this Day we find the Am 16; te, u
happy Experience ; Almighty Godhaving vouch- *^^»
fafed fuch Succejls to his Majefty's Counfels, that
9ur Eteu is dry^ ' when it rained Blood in all the
Nei^bour States. 2ut what availeth this to the
Kingdom ; Si forts Bojtim non imjeniat^ ft mcdo
domi invenift ?
^ You are^ now, fummoned to Counfelsand Re-
folutions, that more nearly concern you 4 to pre-
vent a Danger and a Diihonour, that knocks at our
Gates ; and that moves from fuch, from whom
we had little Reafon to fufpeft it. It's well known
upon what happy and folid Gounfels, one of our
wifeft Kings made a^Match with Scotland for his
eldeft Daughter. We cannot forget (I'm fare
we (hould not) the bleiled Succefs that waited
. upon thofe Counfels, when the Crqwn of Eng-
laftd dektUiUcd upon King James^ of ever blcfled
and famous Memory ; who, with the Fulnefs of
Joy to all true Engli/b Hearts, made bis Entry
[here by Bloody and] not by Bloodfhed. The
Wall of Seperation was thereby taken away ; and
. that glorious King, to make his Word good, faci^
am eos in Gentem unamy made all England rejoice :
And Scotland^ I'm fure, had no Reafon to be for-
ry for it s fince they participated of EngJiJh Ho-
nours; the Wealth and Revenue of this Nation-
they feared in J and no good Thing was with-
. holden from them ; fuch was' the Largenefs of
Heart in that moll excellent King ; -and fuch was
the Comfort we took in this Fraternity, or rather
Unity : When now both of us had but one Bra-
zen Wall of Fortification to look unto, the Sea,
and all Things fo equally and evenly carried be-
tween us, that
* Tros Tyriufque tmbi nullo difcrimine babeniur.
• His Majefty, our moft gracious Sovereign be-,
came Heir, as well to his Father's Virtues as iq
his Kingdoms,
• Pacatumque regit pairiis Vlrtuiibus Orhem^
and in his gracious and. tender AiFeftion to that
* Nation,
mo- t mgoits of Love and Bcnifenity, as ihey coui'i
' cTtpeiL Thu3 becanii: we bolli lite a Land
* Cowing wiiJ]Mi]k.atid Honey ; Peace aad Fleo-
^ ty dwell in our SuceiSi and v/e have bad aj[ out
* BlefCrgs crowocd with the J wect Hopes of a Pa-
' pctu'tty. God found out for my Lord tbc King,
* a CoDiparion meet for Jiiro* bis Royal Conlort,
I * but moll gracious Q^etn ; who* as fhe is not to
* be paralkJsd for her Peifoii and Vinuci fo baib
' ' fhe made his Majefty and the whole Kingdoni
* fnofl hitpDy anj bleileJ. In the fweeieJt Pledge
* pf their Love andjOur Hopes, which now fond
*"p!ce Olive- Blanches about :hc Throne or Tabic l
* Bui wfaal I forrgw for, Civilei f urates fiatrig
* nlmia hfdldias. ForwhenhisMajcfty haduKift
' Reafon w,tJtpe^ a grateful Return of LoyiJty
' and Obedience fiom uU ibe Scets Nation, iome
* Men ofBelin!, fonie Zfli^ haih blown ihc Truai-
' pet there; 8nd,.by tbeir Infplences and rebellious
* Attionj,.dr.iwm,inyiifter them, to the utteil^e-.
' fertioti of hi? Majelty's Government! his Ma'
' jelly awl his Kingly Father's Love and Bounty'
' to ihaJ:, Nation quiie foftjottcn, bis Goodnels and:
' Piety unremcmbred. , ,
* They have led a Multitude after ihem into <
■ ' Courfc of Difloyalty snd rebellious Treiioag
* fuch as former Times have not left in MeauoDa-
* nor this prelent Age can.any where equal ; theyi
' have taken up Arms againil the Lord's Anoiund*'.
* their righiful Prince, and undoubted Soverektif.
* and, follovirini: the wicked Courfels of (oma-^ii^,
' tifbeli,. tbey have felted on tJicTtophie* of Ho^.
* nQur^andinveftcd ibemfelves.withR^alPoiMi;.
' and Authoiiiy ; Such and Jo many A& of jPif-^-
* Ic^'alty atid Difobedence, as (let ih^ir P^jet^o^M)
1 . ' be what they will J no true Eiigli/!} or.C^^iMffT
* Heart, but muft acknowledge them to ^ni;. ^n^:
■> * Effefts ot foul and horrid Treafon. ■. . ' "^ '
' The laft Siimmer his Majefty, at bis.j^raft.a
* Charge, and at tlie vail Expence of m'any^f JHi~
1 • ftiithful and loving Subjeds of Engl^ii w«t
^^^ * with
_ (y ENGLAND. 401
* Withan Afmyj then They took upon them the An.
* Boldnels lo outface and brave his Royal Armj", '
' wiih another of their own raificg: Yet, for all
* Ihis, his Majefty's Goodnefs was not leflened by
* that i nor could his gracious Nature forget what
* he was to chem, nor what they were to him ; but
* oonfidcting with himfejf ihey were fiich, ^uos nrc
* vlniere,ntcvincl ghris/umfuerilt out of his Piety
' and Clemency he chofe rather to pafs ty theit
* former Milfcarriages, upon their humiile Piurella-
* lions of future Loyalty and Obedience, than hy
' jufl Vengeance lo punifli iheir Rebellion,
* But hisMajelly, who is ever awake for the
' Good and Safety of all his Kubjefls, bath (ince
* too plainly difcovcred, that they did butprcvari-
* cite with hioi to divert theSiorm which hung
* over their Heads ; and, Sy gaining Time, to pur-
* chafe to themfelves more Advantage, for purfu-
' ing their rebellious Purpofes.
' For, fince his Majefty came from BtnuUk^ it
■' ia come to his certain Knowledge, that inftead of
' performing that Loyalty and Otidicnce, which
* by the Laws of God, of Nature, and Nations
* they owe unto him ; they have addreffed them-
* fclves to foreign States, and treated with them to
* deliver themfelves up to their Protcflion and
' Power (as by God's great Providence and Good-
' nels, his gracious Majefty is able to ftew under
' the Hands of the prime Ring-Leaders of that
* FaifiionJ than which nothing could be of more
* -dangerous Confequence to this aii-i his Maiefly's_
' other Kingdoms. Whofoever they be that do,
' or fiial!, wifh Enghnd ili, they may know it ii.->
' be of too lough a Complexion and Coi^rage, to
* be aiTailed in the Face, or to be fet upon at the
' Fore-door ; and ihercfore it is not unlikely, but
* they may, as in former Times, find out a Pol-
' letn-gate. i
' There were heretofore two of them, Scetknd-
' 2nd Ireland, and both pf them bad tiieir fevcraL
■ Defeiic-es.
_.. .
|S"3 T^'P^rhar^frthrfiHs-m^r^,
leioT' * Govemnicnt, Is not only reduced fromttiel)!-
• flemper of fqTmcr TimeSt but fettlrf' m flJCfc a
• Coridlifen of Peace ;, -and during his M^«fty'a
*■ (lapfiy Rfeigfi, fo ^Ut^red and dv!!i:ted^ ilwif^n-
■*■ ftead of Wrig a Cfiaigt to him, as it wsi ttJlhts
• pfedcccifors, it hjth yiefdedTohim fomcKeVenuei
• and Ills SubjeiSs there do dnily give very 6«»pt-
■ '* abJe'Teflimonies of their loyal and dutiml Atec-
^*''tloi^| boih lohii Pcrfon and Government. Ant!
• liovt lalcly, at the Parliament aflemblCd, they
■*" have nol only, with full and frecGbRfent, rtiade
•* his Majelly a ch'-erful Aid towards his prefent
'* Prcpflrarions to reduce his difaflefled Subjefts to
',■* ^Smtluml to ihejr due Obedience; but they iteve
^;itlfD proreSed and promired, thnt they will be
'^'jta'dy with their Perfons and Eftatcs, to thentter-
-'""mott of their Ability, for his Majefty's ftiturt
■* Supply; as his great Oecafions, by theOoortnu-
■''dnceof bis Forces againft that Difterrtpcrv flia!!
'• rttluire ; fo that rhe Hopes of hurting £li^and
■■' that Way are quite exrintfl. ■ ' '■ '■
■' ' Smknd thtny only, remains ; whlthcrv ajito a
*• Weak and diftempered Part of the Body, ^ttlte
••''Rheiimes nnd Fluxes of Factions and {Mfrioils
'■' Humours make their Way. ' '"' ' '
■ ■ ' His Majefty hath taken all thefe, and-fe«c1i
•■'more, into his Princely Confideraiion v *»*« to
' avoid fo manifeft and apparent a Mifcfcii^,
■;'■' threatned to ihisand his other Kinpd^nA, tiaih
-'•^ fefolvdil, by the Means of a powerful Amw"; to
p ^edufce them to the iufl and modeft Coilditiofls bf
■_' Obedience [an./. V/>^(j;j.] ■ -'/.''
"*'-■*- It-is a Coiirle hisMnjedy tales no "Delight itl,
' but is forctd unto it ; for luch is his MdjeR^'s
* ' "*' -Srsce and Goodnefs 10 all his Subjeds,' ani fuch
*^, it I^ nnd will be to ihetri, how undutlFui atA it-
~^ bcllious foever they now are ; ibat, if they {Alt
■''''thcmfeli'cs into,;t Way of Humility hccomlAg
'"*"therTi, his Majefly's Piety and Clemency 'I*'! 11
"■' Icon appear to all the World ; Bui ' ' " " ■
* will not endute to hawhisHonour weighed at ihe \,
' common Beam,; nor admit any to ftep between
* him and fiis Virtue ; and therefore as he will,
' npon no Terms, admit the Mediation of any
* Petfon whatfoever i lb he fliall judge it aa high
* PrelumptJon in any Perfon to ofler it; and as
,* that which he muft account mofl: dangerous to
-• ;bis Honour, to have any Conceit that the So-
•i-SdCaim of others can, by any PolTibility, bet-
* ter incline him to his People thjn he is, and ever
faitfiU be, put ol' his own Grace and Goodnefc.
^^r■,';The Charge of fuch an Acmy hath been tho-
;*' Roughly advifed, and mull needs amount to a
■* very great Sam, fiich as cannot be imagined to
■fi be lound in his Mujefty'^ Coffers j which, how ■
1* tfttipty (bever, have neither yet been cxhauft«d
* by unnccelTary Triumphs, or funiptuom Build-
* ings, or other Magnificence whatfoever ; but
* mod of his own Eevenuc, and whatfoever hath
* come from his Subjects, hath been by him era-
' ployed for the common Good and Prelervation
* of the Kingdom ; and like Vapours arifing out
■'■of-t!ifl Earili, and gathered into a Cloud, are
* ftilien in fweet and refrefliing Showers upon the
* fameGround. Wherefore his Majefly hath now,
* at this Time, called this Parliament ; ihefecond.
•■Means, under God's Bleffing, to avert thefe
^ puUick Calamities threained to all his Kingdoms*
■ .^ bf &ie mutinous Behaviour of the Setts.
: iM* -And as his Majefty's PredeceiTors havc-MXii-
'.* ftpmcd to do with your Fore- Fathers, fo his
■ * Majpfty now offers you the Honour of working
* t(^eihcr wiih himfelf, for the Good of him and
*i his, and for the common Preletvatjon of your-
*: -Xtiins znd your Pofterity.
i'.'iii^ Counfels and Deliberations, that tend to Bene-
-■>! fitmr Profit, may endure Difputcsand Debate?. ■
'*. beeiiiife they leem only accompanied with Per-
'.il'ivufions: But Drfiberatrons that tend to Prefor-
lif'jvatikMi arc ivaited upon by Neceffity, and cannot ■
vfl-«iJdlitceithtr Debalfi « Delay j of fin;hNa»ire
(iiw ^ C c 2 ''are'
wl.*- arc tlwblccdingEvaathat «c row t&lje-ittn^(i
* Bgainft. ■' -"-"-;■
» ThisSummer muft not beloft, norinyWf-
■•■ nutc of Time unbeftowed, to reduce UlOfr' of
^Scotland; left, by Protraflion here, fhejr'-^uo
-* Time and Advantage lo frame their P»rtia wi*
•* Foreign Stales. ■' ,"
■ 'His IVlajefty dolh therefore defire, api}tltode
.•■fireflingand urgent Occafions, that you will, fct
T* 'a while, iay alidc all other Debates j and thit
■•you would pafs an Aft for fuch and fo mtnjr
* Subft^n, as you, in your hearty Affeftioniei'^iDi
■•and ,10 your Common Good, {hal! think SciiKl
■'♦' convenient for fo great an Adion ; apd wJfliil
* that you would haften the Payment of it, asiboa
■'*| as may be : [ With a Prmfi in the A£f, that hn
'*' i^jtff't Ropl Affent Jhall nst ietmmne ihh 'itf-
'*■'■ fion^. And his Majefty aflbres you all, that he
'• would not have propofed any thing out of the
"•'ordinary Way j but that fuch is theStraitnefs of
^ Time, that unkls the Subfidhs be forthwith
^*'paft'd, it is not pofliblc for him to put io Ofder
, '•' fuch Things as mult be prepared before fo great
r»'an Army can be brought into the Field; •\^'.'
";" ' And indeed, had not his Majefty iipeft':tHe
~* Credit of his Serrants, and Security oot^ his
*•' own Eftate, taken up and iflued between '^nd
y'.- 400,000]. it had not been polTibleforhiaMJjeffy
* to have provided thofe Things to be^h' 'Wirn.
■?* Wliich Were neceflary for fo great an Enterpriice;
♦and, without which, we could not have fcdJriid
f * Berwick and Oiriijle ; or avoided thofe ASioou,
- f which the Infolcntjy of that Faflion might jiave
•^•■* put upon us, hy iujuring the Perrons and For-
"* tunes of his Inyal Subjeia^, in the AVrA^rw Paris.
V ' To' avoid all Queftion and Dilputc that isay
. .'"arife touching hia Majefty's taking of '' Tottfiflge
* and Poundage, his Majelly liaih comitoa^itled nie
■ ** 16 declare unto you, that he harh taken H only
■ l'^- ^i Faiis; according to ibe Exiifnple of-fonVK-r
^,*.-King3, fiom ilieDemho/ liieirPredectflbrSj un-
.%<)I], the.Par1kinent^d pai&d an A<^ for it them- ao, »«, Qk, J^
* felves. That, in like Manner, his MajeRy de- i^
''fires not to claim it, but by Grant of Parlia-
* m?ntj for this PiirpcJeJiis Majelly taih cauied
* a Bill to be prepared in the fame Formasitpaflci
* to his Royal Fatberj of blefled Memory, adding
* only Wcjds to give it him, from the fir.IV of. ha
-I.MaJpfty's Reign. ' _
.^-•■Thisand the Bill o^ SuhfuUes hiiMajeayex-
■'. jefls, for the prefling feeaCons before delivered
ijVu!>io you> may be difpatched with anSpepd;
f,..Tvbich hisMajeftycommauded aieto tell yoa he
*,.fliai! gracioufly accept, as the welcome Pledges
',pf, your loving, happy, and dLiliful Aft'eflion to
' hitn, hiaPerfon, and Government. ,
' And bis Majefty is moft gracioufly pleafed to
' give you his Royal Word, that, afterwards, he
' will give you Time for coniidering of luch Peti- .
* tions as you fliall conceive to be for the Good of
* the Common- Wealth j even now before you
* part> 9Ci;ordiQg as the Seafon of the Year, and
' the great Affairs in Hand will permit ; and what
' is now omitted, his Majefty will give you Time
* to perfedt towards Winter, whenyourownLei-
v.ftireand Conveniency may better attend it; he
•ffcoowing well that thefe Subiidies can be of little
* Mkj without that more ample Supply which his' ■
*-! M«jefty «pedt3 upon the happy Conclufion of ,
:f,,I^is.SeUioD; and therein his Majefty is gracioufly ^
/,^)teaied, 'according 10 theantient Way of Parlia-
.Vments, [o ilay lill yojrjuft Grievances beheatd
, *;?(!<* red/ell^d. .
■,:-A ^nd his Majefty afllires you, tliat he will go
.* "ajqng with you (or your Advaimge, thro' all the
Aiypqous-Exprcflions of a juft, a pious, and gra-
,*iflous,.King; to tlie end there may be fuch a
>. happy Conclufion of ihis Parliament, that it may
.'nbp.a.Caufeof many more Meetings with you.
.;jni' }\ have now delivered wh.it I had in Comioaiid
iVfe^'^his Majefty." , .
Jlt» '
After ■
r
*!. i«t On. !■ After thif the Kiiiz fiirtlkr expnflH h!)lElJ^,,idyr
.•40. iai<i. .. ....;":a^
Myter^s, ..'... ,„•,.,.
rO 1/ /hall fit ht bath jfaif ttmhtftg hjptrhUiatif^
HSr netbing but what I JhaU make good, inf VW
H» Mijefly pro. ^^ ^J^_
ttm^km^s^ou 4"^ beeauft he did minim a Letter, if whieb (W
i4>iAi 10 ihc SuJ^itt in Scotland d\d Jui te draw in J^^o
Ftimii King- Power far Aid, htrt is the mgtnal Ltlltr^ wUcb I
Jhall ciunnand Mm to read uata you.
• ^nd becaufi it may le.uch a Ntixhbtur af mhfi
'j/laml will lay nothitig ^ but thdt which isj^flf G«t
ferfid IJhmid j far my fart^ / thini it was never ai-
aptedefby him : Indeed it luas a Littir u the Flench
King, bjii J inaw net' thai ivsr he had it j far, by
Cborifi, 1 iateriepted it as it was going unte htm i
, and thirejore J hope ysu will Mnderjiattd me right in
that.
His Majefty deliVMing the Letter to the Lord
Keeper, hi:> ^grdlhip'bBgan 10 lead ill and-obfii^d
• sw'fqHoweih; .^
.,- *,!.The Super fcription of the Letter is tbis, AW
? ROY. For ihe Nature of this SupcrfiniptipDi
' it is well known to all that know the Sijte of
* Franu, that it is never written by any Frtntk*
' man to any but their own King ; and ther^fbte*
* being direftcd AU ROY, it js to iheif oifn
' King; for fo, in effed, ihey do, by that Super-
* fcription, acknowledge.' ' ■
Then his Lordfiiip read the Letter in Frenthf
being the otigina! Language wherein it was wrote ;
^hicb done, bis Lordlhip added j
I * J '-Jiis Majeftj' coram;uided me 10 read it !n J?fl-
' "'^^^h lo you, as it is ifanflaied from, tfic Ol^lipal
■>-■*, at. frewh yndet [heir own Hand?. ' ■ " .
fB I R. "
^ ^ ■ It. yO UR Maje/h hein? tie Refvge and Sanateary
T^^Mil ^fc0ffed'f>>imesa'ulSi^icu W4 have fattnd it
meff^jry to fend this Gentlemen, Mr. Colvil_^ l?yb'im
1 H
\
ft ffprt^e^^U^^ _fmr Mae/h tie Qan^er qnd Inge- An. 16. Car. r.
uuitj, as weS tf mr /tmentaifd PmiiSir^s, as cf-'-- s^*f» ..-e^.
eur Inlfniisns ; which we defire JhouU be tngiavm ■'•■*■
find written to tbe wheli IVorld, with-^a S»am of
tbeSua^ Mwtliets U year Aaajejiy. . i1^ejpa/l f^ig'
-^^ btfeeth ymt^ thtrtftre, tugive Fmb-itwii.Cffdit'ta
hintf and all be /hall /ay en our Part ancer^it^ tu, ■•■■ ■\..^' . r
■^nd lur ^airt ; ieing tsu^.tigia-ed ^\mi''4£i^<"ice . '".' \"_
efual to year aciuflo'iied Clemency birihfir.e„\<ifid\.fi
tftett fiewtd t9 thii Natim, iohuh iviii -nil yitjdie ■. .■..- -
any ethtr uihatfmjtrt tbeGfeiyta li,etten9^i .:
■ ■ Then the K- IN G 'added, * ' : ■
pfthtft Gtitilemn fiat tdve fit ihiir Ugmli 19
this LetttTy herrisene, and I believe ymttiiuldtfnBh
it very Jlrange if I fi>suld . net lay him faji \ , and
iierejiire lj:aue jigtied s ^arrant io' lay ^im, cb>f$
■Prijanir f'n. lie Tower.'
■' Mylrfirtk, llhiai(iut tbat /■uiillriiijay'peji-
.^w/yt hetiaufe I will nil fay d/iy thing' herriui what
; i.am ' p^teM) I have the Ge'ilitman,, thai JbmU have
\iai-ried 4le Letter, faJi tfttugb-, hut linew mt^ 1
!>:ay /■--■ fnijiaien.
Jnd tbf» my LoKO KEzrti etwlude^^
■ '■ " GtfdUmen, * Vou of the Houfe of Commons,
.i hu Majefty's Pleafurc is. That you do now rc-
' pair, to your own Hotife, there to make-Choice
' * «f your Speaker ; whom his Majefty will expert
' to be prefcnted tO' him on Jt'eiiiicjiiay next, a:
' Two of tbe Cloclt in the AftcrnooQ.'
„-. -■.■.- T-E
" '■ ~W Tl.« t,-t(rf, in !rt briE^nkl V'rr.,b, Is in tbe t'-A-^.-.r ■%/■■■,
4efi TUfFOrliatninf^ryMis'^^r
i -»J.3i ■ , Thf GomniMi^'bflingfwuTned to^ibdr Hoaf^,
^ki"' ""ade Choice of johi GtamilU, Efqj Sergeant n
Law, /or their Spenlter; of wliotn LordCii(r/«rf<»i
fohn Glinviiie give* (li'iS CJiaraiiteT. ' Ttat he was a Main.TeTy
Et)i eiMipi 'equal td tli« W«rlc , very Welf acquamtedwithlbe
sjew"- Trocceditigs in Parliament ; of a quick Conc^rtten,
'-9niL of a rcadv and vuliible Expreflion ; dextibtis
irt difpofing the Honfc, and very acceptable to
'.ihcfh. ■'■■■■ '
.... , - ... ,,N .
•■'■■liprit-t^, »hr.ut Two in the Afternooir, )ilte
Kingtam* by Water, and landed at PJr/eamflrf-
Stiiri. Afeout Half an Hour afier, a. Mefiengef,
who, by rdfneofthePrivy Council, was laid K>'bei
QyaricT- Waller on his Majefty, came and tokttbe
Speakerrbft, That the King was fet and (laid fdr
him {i). I[ is remarkable that the laft Se^on of
Parliament, Mr. Maxwtil, Gentleman- Ufljtr df
iheHoufeof Lords, omitled alio to come-i''inS
. 11 was then' taken ill, being thought an Undenr**
iurn^and Difhonour to the Houfe, aait appeaisb^
. the Jiurnal- Book of iliat Sefiion, However, ^JxAi
thisOtcaCon, theSpeakcr commanded iheWaitir
10 tell Ml. Maxwell, That it was his Duty to hate
come and brought the Mefiage himfelf: But be-
caule they would not, by any Difturhance, mate
the King wait ; the Speaker, accompanied by the
Houfe, went up at this Summons. On his cotaing
to the Bar of the Houfe of Lords, he made "
Obeylances, and then fpoke aa followsj : u.
HjtSptMtifii ':* nr^HF.Khights, Citizens, and Bdrgeffes, 6f
ihei^ii^, wW" ■ J[ ' your Commons Houfe of Pariiamcnt, in
CToiied, , tiiConformicy to moft ftntient and mo(l conlhni
c* ^fa^ey thcbeft Guide in great Solemrilies;"aC-
("teithfig to their well-known Privileges, a fufe
b*;;.W3Ha«i't for iheir Proceedings j and in Obedience
'.iith'yOBr-Mjjefty's nKift- gracious Coonfel -and
ST-Gommand , a Du-ly weJl becoming toyei-Bubjeiis j
tii-.'i I :i,-,:: . ■ ■ . -. . ■ J ■ " :■ luvt;
* hate met together id theii Houfe). and chofen a^
' Speaker; oneof lliemfelves lo be iheMouth; in-
* deed the Servant, of sll [he reft ; to fieer, wsich-
' fully and prudendy, JB all their weighty Conlul-
* tations and Debatfcs [ 10 colleii, faittinilly and
' readily) the genuine Senle of a numerous Aflem-
* biy ;■ to propound the fame feafonably, and to
■* eloiHd it into apt Qweftions, for fina( Refoiuti-
* onsi andforeprefent them and their Corclufions,
■*their Declarations and Peiilions, upon all urgent
«rO«afions, wiihTnith» with Right, vfithLife,
-<rwiih Luftre, and with full Advantage, to yoOr
:i-,ilK)ft Excellent Majefty. With what Judgment,
.-*> what Temper, whai Spirit, what Klocuiion be
-*!0ught to be endowed and qualified^ that* wiHi'
-.f^fany Hope of.good Succefs, (hould undergo any
■5 Hidi Employment, your Majefty, in your great-
:? Wifdom, is beft able to difcern and judge ; boSi
J^«S;it may relate to your own peculiar and moft
■*«iBpor(ant Affairs of State and Government, and
-*. as it muft re!:ite to the proper Bufincfs of your
-fj-floufcof Commons; which was never fmall nor
T^itaean, and is like, at this Time, to beexceedir^
i*-*oighty.
■*;' Had your Houfe of Commons been as happy
:^ii* their Choice (as they were regular, wcll-war-
-«. ranted, and dutiful) of myfelt, who ftaiid.eleft*
f' «d yet to be their Speaker ; and am now prefent-
* ed, by them, to your Majefty, for your gracious"
' and royal Approbation -, I Ihould not have needed
* to become troublefome to your Majefty in this
* Suii, formy Releafementand Difcharge; which,
i# now, in DJly to your Majefty and &re for the
■<Good, Profperity, and Succefs of your Aifeirs, I
-H^hptd myfelf obliged to make. My Imperfeflions
^...andDifabilities are bei\ known lomyfelf ; and to
'^[WWi Majefty, I fuppofe, not altogether unknown;
**i before whom, in the Courfe ot my Prailice and
S(^'i*foftinon» lit hoi h bet n your Goadnefi towardi the
fSimia^i ^yair SubjciUt} divers Tunes lo.dorae
-V.lhe'Hcnourand Favour to npppar and bear a Part,
" ' y.Pteadtr.
' It
4lp 2ftrVS«l«£'4«^'»f^$'iy)liy
l.ibB.1. * It is 4 iornwi Age wherein w* live, under j«f
'4^ t Majelly's moft pcaeefutaRd fiouriduDg Goverw- 1
* ioqM' And youi Houlc ut' Commons, aa UJpl
:* Oow.cojnpofi^ii isnotonij' tbeteptefentauvcBof I
,S dyk but |hc 3b&ta£te4 Quinleflence of Ui« wjbcdp '
■• Cooimonidly, of ihl* >aut iioi)le Realm of Jtiw-
* Jamij Tberebe very maoyaniongll them, inuqi
?• fcter for ihis Place than lam j few or nope, i
* my Opinion, lo unfit as myfelf.
,r'>* I moftliuoibiybslecchyourMajelty [aeyaHai
j*-.tlic Father of. tht Comm&n-wftillli and Head of'
.,* -the whole ParliaRient, to whom the Care of afi
-vS(>ur Welfare chiefly apperwias) have Reipe& (a
-*. your own Ends; have Regard to your Houd of
* Commons i have Compaflion upoa aie, life moA 1
* unworiby Member ot thai Body, ready to,&tii|t J
* with Fears, before the BurtbcD liglil upon &1^:1
,.» l£,tt riH four Majc/hf^ibrt' my Dife^,^ooAe'^\
> .ptjid u any Hazard k Differ-jue : / tine mbji
[s-Uarty Di/m u/eivt yu ^ ver^ little jfiiStieiJS
* laiheFulnefe, therefore, of your kingl^r Ifew- ]
» er, your Piety and your Gviodnels, be gracioujQy
* pleaied to command your Houl£ ofComoipi^
* once more to, meet together to confuU and <ielj-
"■ berate better, about their Choice of a meet Spea^
* ct i tilj they can agree of fomc fuch Perfqn^ ^
^ may be worthy of their Chooiing, and of .jpfv^^
' Majcfty's Acceptaiioa.'
The Lord-Keeper, after Direflions iecclved'ft6il|l' \
his Majefly, anfwered : . \
flionwa-"' T JiS-Mije/3r, wUh egrodaui Ear and apr!iif0:%
ajhiiMi--'^ /fltenthn, hath lijlttted ta your humbU and /rif'\
deft Excufe,fuU of Flowers effi^tt, ef Flmeri a/' S~l,
ieptenit»}ttm flexuers tfjudgment> ■■■
Many Reafinijrsm ymrfelf ke haib laiea, tf^
prtvi and agree te the Cheice and Eleiliea, made by
the Houfs of Contmeni; bat.findt none, finkl (Wjr
v" y ■ ^^f>i ihal-juu havijaid, la dijfeni or dt/i^fnu frmi it ;
;';' /i/itt ycu.bave fit forib yeir IkabilrtUs w:^i\mutb
" ViJ> 1 you biKtefo xvell dicf^kaed and de^nikd if "
pyWj, Duties, JihdOffStr fa gdM^aiir; wA;VA-»«. i». flw
a' ti ceJItil the Sen/e f thf fkufe }u/iidm0y » rtnder •***
it iuith Fidelity, tofitm it vp with Dexterity, and tt
aatiid it intt/it and api ^itpistit fir Refiluttem ; etii
thsp, as Ouafim JhaU Jirv't, h preftnt with f^igl^^,
^vantage, etnd Hurmiity tn his Maj^Jy. ■ Ht doubts
tiHti-tatyim, that ere j^ pcrftSt in the thririci, will,
'^ith'grtal Eafe, ptrform the pratiiei Pari, and with
m iefs Commendation.
^'•'Bis Majijiy hath taken Nsttce, and well remem-
^^ers, your efien waiting on Mm in pri-vait Caufes ;
'■Oih'erein you have ahvays fi idrritd yeurfelf, an^ tvm
'fi inuihto^d Opinion from bis Maje/ly, at he dtubfeth
not'but that now, when yea are railed forth Ivjirve
Mm and the Public, your AfftSims and the Powers
tfyoar Soa! will he fet on pyork with moreZtatand
more Alacrity. It's that fir whkb the Philofophers
call a Man happy, when Men. that have jfiih'ty and
Goodnefs, do meet With an Objiltjit to bring it into
Aei; andfuch, at this Time, is yotie good Ftrtuney
an Oaafion being miniflered unto you, to Jhew your
ASihty and Goodnejs, your Fidelity to his Majejly's
Sirmee, et>d the Candor end Ciearnefs of your Heart
towards thofi of the Hoiffe of Commons : In all whith
his Majejly nothing dmbteth, tut yiU will fo difthsrge
yoarplf, as he may, to bis former Favours, find Oc-
tafion and Reafon to add more unto you [ 7hat the
iimfe of Commons may rejoice in this Eleitim of theirs i
and that the whole Kingdom, by your good, dear, and
tandid Sirvice, may revive Fruits that may he com-
fortable unto all.
His Majefly, therefore, doth approve and eenfirm
-iht Chice of the Hoafi ofCsmmonSy and ratifiet^you
'fir ihelr Speaker.
Then Mr. Speaker addreflcd hiqifelf again to his
«(!■!.:.■■■ ■
t« M^ Graaoiis Sovereigttt
•^"K/fyProkiTjon hath nught me, that <rom J^*",^P"''f'"*
":*'iVjL Ihe-highcft Judge and hi^hcft Seat of k^I^-[ coa^t,
*> Jilfticej* there iyclh no (f&it of Error, no Ap-n- ="
'^ ■ ^ peal.
»I. Jj
I
4M 7di9brMaa£Htv^}3ks'Tt.i9¥iT
vl..V|Kal. Your Majelly, in full Padiament,. faatb
• been plesicd, by the Mouih of the Lord- Keeper,
* to declare jrour Royal Judgement in AfBrmatioa
J, of:ihe Kiedion of your Uouie of CammoD*,
^ vtKrL:by I am become their Speaker, end tbdc
•iServani. What Ulhete, therefore, left untoiae?
■J:Butinlhefi[ftPlac«devomly lobefeech Almigh-
*"irGo(i, the. Author ard linilher of all .{ '
I
^S
Vorks, to enable roe, by liis Bleding, lo.dif-
^^H^e, bonellly andeRe^tually, fo great a Tsik,
"♦* gfeat a Tiuft.
jBltn-And, in the nex^ Place, humbly toackjjpw
4ij|)d6e, as Ido, the great Grace and Favour, that
fcM <iwie untome by your Majefty ; and readily to
^i^onfbnn myfelf to your good Pleafure jnd Con>-
' mand, to which 1 now fubmit with all poffible
* Chearfulnefs j left clie my too much DiSidence
* to undertake the Service might add a further
* Diudvantagc to my Performance, than pciad-
* venture would aiife out of my other Imperfec-
* lions.
* Two Enemies I might fear, the common fV,
* iiemiesof fuch Services, ExpeSalim and yeaiai0i
' I am not worthy of the former, and I contemll,
* the latter. Time that trieih Truth, iballtetimtl
* whole World fee and know, that I am, and will \
' be found, an equal Freeman ; zealous to ftrr^"'
* my gracious King, and zealous to ferve my deat—
* elt Country. i ' ^ -
' Monarchy, royal and hereditary, isof all.Sortfcl
* ofGovemment the moil compleat and exeellent^T
' whether wc regard the Glory, the Wealthy dr,
* the Safety of the Governor or of the People^, <^
* of boih. And I hope there are not of this Ni-
' tion any thatareofantimonarchica! Spirits or Rtf-
' folutions, no, nor Difpofilions, nor Frioidi ro
* to (uch as are fo ; if there be, I wifli no gcestw
' Honour tolhisPailtament, thaniodifcovBrthctni
' and by .all Means potfibleto aHift youi.gmdoua
' Miijcfty to fupprefs ihem, o,r lo coafoutid tbeni,
' You areagrcuKing at all Times, but, 'fitting
..'..nowatieiidcdby yout Pi'elates, your Lords, and
',1^1 * Peoplo I
^-Veoplein fr« Parti* men t, areln.ibBh'igheftSlateAii.*'*»w*
■^^f Majefty wi Glory. **•*
^'••* I remember well, Ibeard your Majeily*s moft
• Roya! and Learned Farher, oiJr !aie -dear Sove-
• reign King James of facreti Memory, fpcak to
' that Purpofe of himfclf and of Kings in gewrarj
• his Majefty fitting then in Parliament, upon that
'*-Throne which, by Defcent from him, and frorti
■* innumerable royal Anceftots, is now become yoar
'«**1ajeftji'6 lawful Seat and rightful Inheritance. '
' To behold you thui in Peace and Safety, upoh
■*'''flii3 great and good Occafion, fifter full tifteca
)* Years Experience of your molt pcacJeful Govern-
Jf ment, yields moft compleat Joy to all your Ma-
."*-'jdty'3 loyal and well-^ffedted SuMei^s^ whocan-
••■aot but concur with mc in this Delire,
' ' Serm /« Ccelwn rcdeas, diu^tis
Lalas inStrJii Pspuh Briilahiia.
* England is your Seat.ot'Rciidencc^ not made
' a Province, nor governed by a Vice-Roy. Gcxl
' open ail our Eyes and Undcjftandinp, todifcern
' and value the great Bleffings and. Beneiiis we en-
' joy, ijy your Majefty's gracious Pretence and im-
* mediate Influence of Life and Chcarfulnefs to all
* the Parts of thefe your nobleft JCingdums I
* Smland is your Birtli-Pbcc, and therein hath
* Advantage of your oiber Realms; God make
' ihem, and keep them, ever fenf.blc and worthy of
.' that Honour.
, * Ireland begins a-pace to imitate Engknd, in a
,,,', great and qniclt ProgreQion in Civility of Man-
T-' Iters and Converfation } by many Wulous Plan-
-I.i-tatiotisand Improvements of the Soilj. by iJicir
■S teceivir.g and cnafting of the jnore wtolefome
if. Laws and Statutes of this Kjnsidonuand.by nu-
-iS.ny oihet good-Eflecls and Fruits. of Peaca and
if. lileQed Government.
ii. * Fumte is ftiUiiniAttendant toyourR.i-jv£lSLi!c
;*■ and Title.
.■., *.The Pterogstive of a Kin^ is vi:.,net(£ir\-, zs
f*itit js great :."WithoHlit, he would want- that Power
I
I
i
I
4114 imParlbiiiiiiiitrilWkrVaLr
(V L'* and lUbjefty wfrich is, and ought 10 bei - i
* ble frcm theCtown and Sccpttr. Nor can ^rc
*' nnf Uangvr rcllilti l^rcfb luch Prerogative lirihe
' King; to the Liberty of ihe SubjcS ; to Jong «
* boih of them admit the TemperaoieiU of I^ij
* jnd Jufticc: Eipeciall^ under fuch a King U your
* Majelly, who, to your iintoortal Glory, atneng
* your pnnlcd hzvist hxre publifhed ifais to if»
* whole "World for your Maxim, Tfii Liiertf ^
* tht People Ih-engihttis the Ktug's PrtrsgativtH "fi
* thtKng'sPrercgativfis tt 4tftnd the Pttplt t iJ<.
* birtj\k). A MaKiralikc JppWitif Gaid im. Plc^
'■ tures ofSiher /
* Kings, as iltey are Kings, ar&neVer^d tovriv
* on!y the heft may be abulcd by M^nrornniion
* The bigheit Point of Prerogativeis, ^hfSiȤu''
* ds ne iVrofig. If therefore, by ihe SubtUty <
* Mifinfonncrs,. by the fpecious falfe Preienec»o_
* public Goodj by cunning and dofe Contrivanci 1
* of their Ways tti feduce ; the Sacred Royal PeWbri \
* fliall, stanyTime, becircumTeniedorfaroriged^ I
' or over- wrought and drawn to command XWngl J
* contrary to Law, and that the fame be done .bo^ ]
* cordingiy: Thefe Commands 'will^be void, iairfJ
* the King innocent, even in his very Pcrfon, bv
* ingdefeiidedby hisprerogaiivc: Neverihelcfeihl
* Authors of fuch Mifin formations, and AClots iq
* thofe Abufes, will ft.ind liable and expofci |
* ftrift Examination and juft Cenfure; as havini
* nothing to defend themlelves but the Colaar o(^
' void Command, made void by juft Prerogativ
* and by the fundamental and true Reafon of Stall
* and Monarchy: And what Difference is thettf
* or can be in Law, between a void CotDtnitiUttl
* and no Comtnand at all ? * ■
» If Religion, Juftice, and Mercy, all happSVa
* affcmbled and gracioufty lodged together in yoH
' Royai Brcaft, may give to your wdl-afFeff'oi
* Subje^ls a good Hope of the good Succcfs of ihi
' Parliament i 1 know not why ve ihouli nop, atf
' of us, cJipefl it wjtli much Confidence. Sca«i:l
'■ftw particulars, pertaining to ibefcgBneut Heads, Aqi-sg,*!
* I humbly beg of your Majefty, that, without ^¥fi
* Offence to your facred Ears, I may have Leave
* to memion and oblerve, for tlie further Comfort
* of myfelf and all that hear me. *
• What Prince of this Land was erer 'tnown tO
* keep the Hours and Times let for Prayer^ and fat
* the Service of Almighty God, withtbatRegula-
* rityand Cotiftancy asyoiirMajefty ? Naymor^,
* have you not ever iince your Accefs to the Crowrf,
* had one Day in every VVeeIc, befidcs the Lord's m^
' Day, dedicated and applied Co Preachingnnd De^ '-^^^
* voiion ? I may not ftay here, there is anoth* ^^M
* Particular equalling. Day much excelling both the ^^M
' 'former : And that is your Majefty's great Car^, ^^M
''-td educate thofe Pledges of conjngal and mofl i- ^^M
*' bundant mutual Love, that is between your M^- ^^M
' }eIVy and your moft gracious Conlbrt, the belt ^^H
* Queen and Woman, and the Foundation of ode ^^|
* future Hopes, the moft illuftrious Prince C*flrW, . ^^B
« and the rcll of your Royal Progeny, in the trifts ^^M
"?' Religion of Almighty God, ^lublickly profelltH ^^|
*iit>d by Law eftabliihed in this Kingdum: Whl'c ^^|
t* Tongue is able to exprcisihe great Joy and Cont- ^^M
-•■Jfort, which all your Majefty's moft loyal and loV- ■ ^^M
*^'ihg Subjefls do derive unto ihemfeivea, in Coifr- ^^M
■ * |tin[^ation of your Majefty's ^reat Piety and Prit- ^H
^ ^nce in thii one A61 expreiTed, extendii^ itfctf '^^^
■•i-'fiot on!y to the prefent Time, but to the Gcctt ^^M
»!«iPSucceirtoninall afier-AgcsI * ^H
,i--* Touching Juftice, there is not any more cet- ^^B
9t'-tain Sign to difcem an equal Judge, than by His ^^H
,*!ftitience to be well informed before he give Mr^^H
•V^Senience ; and I may boldly fay all your Judg<% ^^M
*■ ihoughout all your Kingdoms, may take Exaih-' ^^M
^'•^6 by your Majefty, and learn their Duly, from .^^|
i* your Practice in this Kind. 1 myfelf have often ^^M
>*'been iWitiidsof It, to my no little Admiraiicfn ^^M
^'land Content. ' ^^M
Ik ^l^rom-ydur patient Hearing, let me pafs on fo ^^M
sHimtut righf«du§' J\)d^ment ; and therein bring bftt ^^|
'*-'*ne Inftanccj but it fhjll be a great one. When ^^|
I 416 Ifji TarliamentatyHtsroxT
.Ab> >*• *«• L * your Lords and your Feople, ia yout laft Pailia-
**¥*• * mem, prefcnltd lo your Majefly a Ptiiiiatt
*' concerniDg drvcrs Righu aad Liberue« of your
* Subjeftsi [he Pitilun being of do fmaU Wei^
t * and Imponance, a^ by (he iamc may well appeai^
* your Majcfty, after meet Dtliberaiion, in few
' * but effeaualWords, (jiitDmtfaitimpitilffi^
' * * fi''^'') i^tlc I'^cni '"^^ >" Aor^TCr, 2^1 ihaij »•
' nown you for juft Judgment, in this Age and to
* all Porterity.
■ '* XmakeHafle 10 come to your Meicy, whereof
•• 'I cannot but have Need again and again, beton
* I have finiibed that Service (o which I am «n-
* joyned ; and am not, altogether, in Defpait of
* obtaining it: Nevcrthclcfs the Mercy, which I
* mean to celebrate, is not only concerning luwie
* or particular Perfons, but whole Nation«i,4^t
' uncxarjipled Mercy and Clemency, which (iq
, * your Royal Wifdom and abundant GoodiwlSt
' happily met together^ your Majeily vouchl^ed
* to (hew ifj us and all your Kingdom; in not dr^w-
* ing your Sword of Jufticc, tlie Jafl Summer^ b*'
* gainft your People of S^stland, though your.y^i^. ■
' mies were much the better and the ftronger. , „■
* It feems your Majefty remembered, with
* more Tenderncfs of Heart than they do, thai •
* ihey were Chriftians and your Subjcfls,. and that ■
* yout Power wzspeffe ia* nolle nsbili. Wbatlbe-
* ver might be the Ruls that inclined you to lV{er- •
I * cy, lam fure theBenefitredounds tousandotirS'i '
' who, bythisMcani, are ftJI in Peace and Tran- ■
* quility, not without good Hope of lor^ Conti- ■
* nuance: A BleQingperadvemure undervalued by
* us, I we have had to much of it, under your Ma-
* jefty's molt gracious Father's Royal Govera-
' fflent-
* I haveyet nolnftruflions from your Houfe of
* Commons, thetefore can propound nothing at by
' Warrant from them 1 But, if I may have Leave
* to prefent to your Mriieiiy my own mod bumWs
* ana mofl hearty Wifhes and Delires, they be di-
^<!)f E^KG'-I^'ft N^.■;4^7■
' prftrftp Religion, yidChivalry, Commetce, Ju- *"■ »'■ .C|r. I.'
■ flice.ahd Unity. ***^'
■^That tfiis Parliamcnr may be, famous Tor ilie
' Care ind Contentment' of GoS's true Reli^oh
' in^rhw*' World and' th:ir lo come ; anj'io iliat
'■Pii'rpofe','tI)at "the moft Revciend Pccijics, .your
* Wajeft?^ Afchbifhops and Biffiot's, fittipg^pn the
' Rigfrt Hand of yotir "t'lyoDe, wIllTje' (herein
* fiioft' forward, to whom it is mod prqper.
* That th& Lords Tcmpoia!, girt wi^n .ti^ir
' Swords in their Cre,ition,as more Fpecially rew^rd-
* cd, ordcfigncd for Afliors Military, would fiall
* to Mind the riioft noble and mod vajiant of ifipir
' ^nceftms, whofe Lands and Honours iheyjntie-
* rit ; aild how famous this Land hath been' at
* home and abroad, for Deeds of Arms and Afls.
* ofChivaJry; and lo labour to reftoie it, by, all
* Means, to its anlicrit Glory, The bed Way to
* prercr\t Peace is to be ready prcpafed and w'tU.
* fitted for War.
* That your MajelTy wouli^ be pleafed to com- ,.
* tnand, that yourgrave and reverend Jadgea,w,hofe
* Obfcrvations fhould exceed all other Men's, tho*
* ihey be biit Affiftants in this Service ; tocontii-
* bute the beft and utmoft they t;in, to explairi, to
' eiCei^ute, to advance our good old Lavvsj and to -
* propbuhd fuch Things for Ihe cnaflirg of w.hol- .■
* forhg pnd plain new Statutes, that every Subjciit
* of ■this'Rcaim may be enabled to know and under-
■ ftand binifelf clearly, both what he hath to do,
* an3 *hat he may poflels, and what rot- There
■ are rfo confidcrable Mines royal in jiit$ Kingdom:
* Trade an'd 'Commerce, the Export^i'ijon oV oiir •
* Wtadis in Manufjfturej, "and native Commodj- .
* ties, is that which fomiffieth lis with 'Gold'a'n'd
* Silver, the Materials of qui Monies i and hnih the
* oiily Power to enable us to fupply yow Majcfty,
* foe the deffriding pf ourfelves, and oiTeiidinguf
* othcri ■ Tliat Merchants and Tridefmcn, there- .
* fore, (hoiiM have; ^ ihcct'EncouragehieQl, is a
* moft fpecijl Intereft'ofthti'Hlabd.'
Vol. VIlL D d * But,
=«■
I
•ill '
i
418 Tl^'Pffrtiatafittt^rj^Hi^r o^T
I, • But,, were we nev« fo valiant, never Ip weal-
* t^iy, if Love and Unity be not amon^ us, what
* Good will our Wealth do to outfelves, ortoyotir
* Majeftyf He thai commands a Heart in Love*
* he, ana he only, commands, aflutedly, the Puife
' to pay, and the Hands to fight. I pray God,
' iherefore, that we may all endeavour to knit fuch'
* a Knot of (rue Alfeflion, betwixt the Head and
* Mianbersj that all Jefuitcd foreign States, who.
•" lw)k perchance with envious and malignant Ey^,.
*'bpon us, and would be glad to rejoice in oyrDi-^.
•'Vmons, may fee themfelves loft and def^tedpf'
•'art their fubtle Plots and Combinations, arid of,
* 'att'lieir wicked Hopes and Expectations, toren-!
* dCT us, if their Endeavours might prevail, a Peo-
* p!e mconliderable at Home, and contemptible a-
* hroad. r
' Religion teacheih us, Si Deus nshifiumt juii
' ''conha nsSF And Experience, I hope, will teacji
' us, Sijimui InfiparabiliS Jumus infuperaMUs. It
' Was Wont to be, and I hope it ever will be, the
* Tenet and Pofition of your Houle of Commons,
* That the Good of the King and of the People ■
' cannot be fevered : And cuifed beevery one ibM
* Jhall go about to divide them. i
' 1 fear I have ventured too far on your Royal^
* Patience, tho' yet I confefs i never tnew-ir;^
' wearied ; nevenhek-fs I will here ccnclode. : On^^
' !y firll befeech your gracious Majelty, in theNaow-.^
* and Righlof the whoIeHouleof Commons, ihat,.^
* in your Juftice, you would be ptealed, to graik''--
' and confirm to them, for their better Encourage-"i
* ment to proceed in their great Bu&nefs, ihefe'iJ
' thwrantient and jult Liberties, which, Tinle otit '<
* of Mind, they have rightfully enjoyed,' -^
The Speaker then made the ufual Requefts for Pri-
vilege, tJV. which, beingail granted and confirmed,
ill another long Speech from the Lord- Keeper, fnpt
inr'rted in Rujhwctlb,) the Commons reiurfted \o
thtfr Houfe-; and, after reiiding one Bill, accord- '
till' ' fi fc a
fni to Cuftomi adjourned till the nextMorning.An. H-.^t. if
eight of the ChcV. Tha old ?arlinmeni.-Hour was '^•'
to meet at eight and fit till twelve ; that the Com-
mittees) on whom the gre.iteft Bufinefs depended,
might have the Afternoons for iheir Preparations
and Difpatch.
We chufe to go on, pritKipally, vl:I) the Pro-
ceedings of the Houfe of Commans ; becaufe ihofe of.
ih'e Zari^J bear no Proportion tp.thc other, in Mat-
ter proper for thefc Enquiries; the Disputes, in
this Parliament, beidg ever between the King and
the Lo*er Houfe : The Lords were more obliging ;
artd, by endeavouring to reconcile Matters in De-
bate, occafioned a Breach between thefe two Bo-
dies, which proved" of pernicious Confequence to
all: We (hall therefore make little Ufe of tHe.
Lerdi Journal fot ihisSeffionj except when thofe
Proceedings are particular, and lead to explain <
Thing! barely meniioned in the other.
On the i6th of Aprils the Bufinefe of the Cont- '
mpns was chiefly appointing Committees, receiving
Petitions on Elaflions, fcfr.
Secretary iVimiebank acquainted the Houfe with ^
the Particulars of the Scsn Letter to the f'w^Auncr" "o ^^
King, mentioned two Days before ; and the French Kme hn
Speaker declared. That he had the King's Com- ^''••'^ ''" C""-
mands to make a Report to the Houfe of what was"*""'
delivered by himfelf and the Lord Keeper, at the -•
Opening. Ordered the Report the next Morning.
A Motion was made for a Conference with the
Lords about appointing a Fall, which was agreed
to- A Religjou.^ Ceremony, then, conftantly ufed
at the Btginning of a new Parliament or Seflion i '
but became much more Irequent, and lerved for
more politic Purpofes, in the Sequel.
jfpril 17, the Commons b^n with regulating E- ,,
leitions, fsV. after which the Speaker maile a Report
of the Speeches delivered by the King and the Lord
Keeper, which was ordered to be entered in their
Jdurnah ; but, with this Provifo, That it Was
done by his Majtily's Ipecial Command; and that
D d 2 this
420 ThcTarliamentary History
An. i6. Car. I* (his (houU be no Precedent to foIlowiQg Speakenf»
'^^' but upon the like fpecial Command, or U^e Dip£rd
of the Houle.
In this Recapitulation of the foregoing Speectufs^
the Affronts and Indignities offered by the King's
Scots Subjects, as alio their palpable praflifina. of
Trcafon with the Fretith King, were mentioned i
but no Manner of Notice taken of them by lie'
Iloufe. Inftead of that they fell, again> upon G'ner
vances : And the following Plan was propoied 9sa
Rule to go by : i. Againft the Liberty of Fjaili^
Si'ih Ihromfi- "^^"^ » ^- Againft the Prefervation of Relipopi
rcrttionof GricI 3* Againft tbc ConfervajLion of the common i^bdrr
^acw 5 ties of the Kingdom : Thefe Grievances being ac-
counied more hurtful to the King, both ii> point of
Honour, Frotit and Safety, than to any other Mem*
ber whatfoever, in refpedt of the great Intereft.he
has in the Kingdom.
Petitions from the Counties of Korthampton^
ASddleJex and Suffex^ were delivered to the Houfe
by the refpedive Knights of thoTe feveral Sbirei,
complaining of different Grievances, which wcEe
pOilponed to he debated on, b j a Committee of the
whole Houfe, the next Morning.
D«'are onPetl- 'i^''' ^8» ^^^ more Petitions were delivered
tionff frv m feve- this Day, from ihe Counties of Effcx and Hertford,,
ni Counties re- jy, jhe Ikme Manner as tlie former ; the latter of
btug thereto^ ^^^ ^^^ affirmed to be given to the Knip;hts th?t
\'^wt^ for that County, by the principal InhabiUnts
of it. This laft complained expreily againft Ship-
MQHiy^ Prcje^s, Moncp:lU^^ the Star- Chamber j
High'C^mmiJfion'Court ; and other Grievances to
the People, both in Church and Sute. Other Pe-
tions, to the like Purpofe, being received. and read,
Harbettle Gr'mJlGne^ Efqj flood up, and Jpok^e to the
Efi^evlt following ;
Mr. Spgiiiir^ * We are called by his Majefty, to
confult together of the great and weighty Affairs of
the State and Kingdom. There hath, now« a
great and weighty Jpufinefs been presented to this
HouiCj
Of E N G LAND. 4^1
Houfe; and a Letter hatfibeen read, importing, An. i6. Car. i,
according t6 the Interpretation which hath been '^•
colIeAed out <rf it, a Defedllon of the King's na-
tural Subjedb. This is a great Caufe, arid very
worthy of the Confidbration ' and Adidfeoafcm of
. this great Council : But, I am rcrjr much rafiftalcen,
if there be nor a Cafe h($re at home of as great
Danger as that which- is already -put. ' The one
ftahcS without at tlie Back-Door, for fo Dangers
from thence in all our Hiftories have -ever becw
termed ; bi;t the Cafe wef will put, is a Cafe aJrea-*
dy upon our Backs. Arid in thefe great Cafee of
Danger, which fa much concern the Welfare of
the Body Politick, we ought to do like Ikilful Phy-
ficians, that are not led in their Judgments to much
by outward ETrprefliohs of a Difea/e, as by thci in-
ward Symptoms and Gaufes of it ; for it fares with
iiBody Politick/ as it doth with a natural Body.
it is impoffible to cure an ulcerous Body» unjefs
Jrou firft cleanfe the Veins, • and purge the Body
rom the Obftruflions and peftilent Humours that
furchargeKaturc; and, that being once done* the
Blotches, Blanes and Scabs, which grow upon the
Superficies and Outlide of tfie Body, will dry up,
fhed, and fall away of themfelves. The Danger
that hath now been prefented to the Houfe, it
iftandeth at a Diftance i and we heartily wifli it
Was further oflf: Yet, as it ftands at a Diftance, it
Js fo mtich the lefs dangerous. But the Cafe I fhall
put, is a Cafe of greater Danger here at home ;
iind is fo niuch the more dangerous, becaufe it is
home-bred, and runs in the Veins,
* If the one fhall appear to be as great a Danger
as the other, we hope it will not be thought un-
ieafonable at this Time, to put the one as well as
the other.
■ Mr. Speahr^ « The Cafe is this, The Charter
of our Liberties, called Magna Chartaj was granted
unto us by King Jchn^y which was buta Renova-
tiorf'and Reltituiton of the antient Laws of this
Kitlgdbm; ' T^is" Charter waa afterwards, in the
Succelhoa tif fcvtral AgfcSr conftmed uiuo us a- .
: Dd j |?ovc
I • ',•
43fl TbS'ParliankHUi^'iiisttSjkY
im; ts. c». rbove tdlny feveral Times; and iDthethiFdYeaiof
his Majclly's Reign that nov is, we had loore tiaa
i Conlicniaiion of it ; for we had an A£i declara-
tory pafs'd : And then, to put it out o£ all Qua*
llion and Difpuce for ihe future, his Majefty by
his gracious Aiifwer, &i' Drnit fait eemmf H tfi,
i^ri, inveftcd it with the Title of Pitition gf
Right. What Expoliiioas contrary to that Law<^
Kight, have fome Men given lo the undernuniiig
(he Liberty of the SubjeiS, v/ith new-invented
lublil Dijtinflions ; and afluming to ihemiielves a
Power, I know not where they had it, out of Par-
liflment, to fupercede, annihilate and make void
ibe Laws of the Kingdom .' The Comnion- WeaJih
hath been miserably torn and aiaOacfed, all Pro-
perty and Liberty Ihaken, (he Church diftrafled,
Ihe Gofpel and ProreHors of it perfecuted, and (bq
Vbole Nation over-run with Swarms of projcfttog
Canker- Worms and Caterpitlers, iheworltof ajl
the j££)>^//iin Plagues : Tiien, as ihe Cafe, noo!
fiaDd* with us, i conceive there aie two Pq^oH
vefy coDfideiable in it. The firft is, What Iwth
been done any way to impeach the Liberties of the
Subjeft, contrary to the Ptiitlan of Right f The
iecood b, Who have been the Authors andiCaufe^
of it .'
' The fetious Ejcaminatton and DifQuffign of
thefe two QueftionE do highly concern his Maj«0y
in point ot Honour, and hiaSubjei^ in point (^
Jnteteft : And all that I ihall fay to it, are butJbf
Words that Ezra ufed lo King Jrlaxerxes of ih«
bcliiement of that Sute, which at that Time was
as much out of Frame and Order, as ours ai this
prejent ; thm which cured theirs, I hope will cure
ours.: Hia Words are lliefe, H^hifmjer, faiih he,
hiitl'Mf dens iIh Laws of God and thi Ki>ig,UtyjiJ£'
mtnt it fp/edily iKfiuted uptn him, wbcthir it i>t itn-
ta Haniftunent^ or /? CenfifcaiisH ofGtedst tr lo lm~
Iprifmmtnt. I[ may be, fome do think, this, a
Ifraiige Text, and 'lis poffible forae may ihmk it
rti Itr.mjje a- Cale .' As for the Text, every Man
uiuy icijit that will ; and, for the Calej I am
afraid
I.
afnid tlitre are bat few here, that d& not, «Kperi- An. 16. dr. A
menially, know it as bad as I have put ii i and '***^
how to mend a bad Cafe, I take it is Parr of the
Btifineis we now meet about.
* His Majefty, Yefterday, did gracioufly con-
fiim unto u?, our great and amient Litertics of
Preedom of Speech j atid having his Kingty Wortl
ftjftt, I fhall reft as confidently upon ir, ai thfc ,
greateft Security under Heaven, whilll I liave ihi
Honour to have a Place hcrej and I (hall, witll
ail Humility, be bold to exprefs myfelf like a Free^
oian . i
'•' ' The Difeafes and Diftempers, ihat now are IH '
C^M- Bodies politic, are grown to that Height, th^l
iheypray for and importune a Cure, AndbisMsf*
jefty, out of his render Care and Aftedtion to hl|
Peoj^e, lifcc a nurfing Father, hath now fteely ofi
feredhimfelftohearour Grievances and Complaints
We cannot complain we want good Laws: F^
the Wil of Man cannot invent better than ate aU
ready made : There want only fome ExampleH '
that fuch as have been the Authors and Caufes ol
ftll our Miferies and Di[tra£tions in Church and
Common- Wealth, contrary to thefe good Lawd^
might be Treacle to expel the Poyfon of Mifchicf
out of others.
■ ■*' But my Partis, only ejlendtn Parum j there-
ftHiev having put the Cafe, 1 muft leafve it to the .■
Judgment of this Houfe, Whether our Dangere
here at home, be nor as great and confiderable, as
that which was even now prefenied ?
'^■Sir BenjainiH Rudyard. ' There is a great Door
8pened unto us of doing Good, if we t^ike the Ad-
•TldlSge thereof: We are here met, bythe B!ef-
ffn^'Of God and our King. Parliaments have, of '
law Da'ys, become unfortunate j ii Is our Duty, bj ■
ouAgoodTcmperand Carriage, to rcltore ihem ta
thrff'intient Laftre.' *'' 1
ji *'Ttlipi'e^e-fomehere ptefent who can remewl' j
fW'#,e' BrC'.ilftng iip of the laft Parliam? in i a Bu- \
ffhtl^ c^fsiivAf ffom \*'hii:ii.lhe' Fjprjhy at liiti
bJsi't r.'ir.e,
494 77jlr!Fi*-;iii«iHfcJryHiteT«MLT
limJk(-kT>tM) were not exempt ; wh<> now, by the Dii*
it^ continuinc« of ParlijmeniB, are come tu that Atro-
[^nc&and BoUncfs, ihat ihey contend with us, who
I are the h«ier Subjefls.. Their Eovy I like, bw
iheir Prefiitnption is not to Ijc boinc I wifli ibetn
no Harm, but Good i for I dclire ilieir Conviflion:
And l^e Way lo do tlut, is to fet up betta
Lighw who have Warmth in them, and are not
luke-warm in Religion. Surely itiey that quarrel
betwixt Preaching and Frayer, and would have
ibem contend, never nieam well to either: Bat
both muft have their Due. And yet I know not
how itcomes to pafs, but ithappeneth to us, which
is in noother Reliyon in the World, thai a Man
maybe too religious ; and many a one, by that Scan-
dal, is frighted into a deep Di (Emulation. It is
Wifdom in us, to preferve Temper and Modera-
lion ; for breaking of Parliaments makes dangerous
Wounds in the Body Poiiiick; and, if the Splin-
ters be not pulled out with a gentle Hand, we may
•hereafter defpairof Cure.
' lu 14. EJa/ardlll. Snbfidiet were given to the
King for his Expedition mio Freiui; but by the
ill Management of his Treafure here, he was l"o
low, that he was glad to make Truce with the
Flinch King.
* In 15. Edward l\\. he returns, and fummoned
a Parliament, wherein there was nothing but Jca-
ioufies and Diftempers.
* In 17. Edward 111. he called another Parlia-
- ment, to procure an Atonement wilh his Subjects,
which took good Succefs by their humble Carriage
to him, and his Willingnefs to ratify their Liberty i
whereby all Breaches were then made up.
' A Parliament is ihe Bed of Reconciliation be-
tween King and People; and, therefore, it is fit
for us to lay alida all Exalperations, and carry our-
lelves with Humility ; Howbeit the King's Prero-
gative may go far, yet if it be fwaycd with Equa-
nimity, it may be the better borne.
' Princes are, and will be, as jealous of dicir
Eover, as the People of their Liberties ; tho' both
are then beft, wkes k^ widEW ^their feveial Bo^niids. ^n*. f^. Av^ f,
Levy tog of. Monies is a great DiSucbao^e .^ ib^ ^^
Subje£l4 and fo will.be the Scarcity of. the King's
RevenueSf untiil they be fupplied. ; And where th^
Power of the King and Neceflity meet in 09e Haod» •
he will not bngSc difappoint^. tfiut, befqre ihe
ending of this Parliamentt Cibe untimely breaking
whereof would be tbQ breakidg of us) I doubt not
but bis Majefty's Revenues may be fo f^^tled, th^t
be .may live plentifujly at > home and abroad ; and
without taking any Thing from his ^ajefty, • iave
that which, of itfelf, would iall away. r .
♦ In former Parliament?;, the^Curriago.of ibme ,
bath been fo haughty,. 9S:tho*Parliainenta would laft
always;. and, the Carriage of others^ a» if fhere
would be never any again. And therefore a Mode?
ration^, if we^ovo'ourfelves, is requifite*
; * The Delays of Remedies are well known, how
dangerous they are to the Common* wealth and Re*
Iiglon; Xeeing thaty during this Vacation of Parlia-^
ments, fo many Disorders have been committed^
by . Innovations in Religion, Violatior) of Laws,
and Intrufions upon our Liberties.
^ To fet all thefe aright, is now our Talk :
And, if in thefe tempting Provocations, we bear
a temperate Moderation, we fliall not mils of our
End i but {ball vindicate God in his Religion, the,
King in his Honour, and the Common- wealth in
its gafping Extremities.
* If Temper and Moderation benot.refpeftedby
usj beware of having the Race of Parliaments rooted
out.
^ Men and Brethren, What (hall we do? If it
were for my Life, I would defire. nothing more,
than that we [H'ocecd with Moderation s; that fo we
may have m^ny happy Parliaments, and that no
difmal Event may happen to any : For, when Par-
liamenta at^ gonc^ we are loft/ .
■ ^ ■
The laft Member, we find, that fpcAe in this De-
bate, was Mr» ifjf//7,, whom Lord Cknnden (/) calls
.; , , . a Man
(i) CUrendon'% Hiftory, Vol. I. p. i 5.
I 4i6 7U^arhadmiir^mif&Bt.Y
I Cm. I.a Man of good RepmStiotr, hot much better
*♦* Inuiwn afterwards! and as long afquamteti with
thofe AliemWies as any Man then living. Hii
Speech or two Hours long, is thus abridged by Mr,
Rit/hmortb:
' He that takes away Weights from (Re Moti-
ons, doitr as good Service, as he that adds Wiiigs
onto them. Thefe Weights arc old Grievance^
He, therefort, will do agood Wotk for theKifigl
who, to expedite his Dchgns, will fet good Rum
and Patterns for eftKtitig thereof. ■"'■'•
* When God made the World, he did it Sy a
Pattern which himfelf had conceived : And Mtjki
Aid according to the Pattern he faw in the M6uat>'
* I ftiall, therefore, offer you a Model of xh9
Grievaoces which affllit the Common-wealth?
which have difabled us to adminifter any Supply^
uaiill they be redrefled, aiKi will ftill difable us;
Wbich Grievances may be reduced to three Heads/
* Yhsfirfi are thofe Grievances, which, during'
riiefe eleven Years Interval of Parliaments, are
gainlt the Liberties and Privileges of Parliatnenr.
* Thefieondt Innovations in Matters of Religiontf
* The fMrdj Grievances againft the Properiy^
ojr Goods. I 'J
* Which Grievances I will/r/? propound ; 5e--
emdlj. Shew that the Permifllon of them isas ptt^i
judicial to his MajeHy, as to the Common-wealth'*
And tHrdfy, I will ihew what Way ihey may be^
remedied. ' >-
' in all thefe, I (hail take Care to maintain the
great Prerogative of the King; which is, 7"^**
ske King can dt no Wrong.
' l^'nA/ir/i, I will begin with the Grievances a ^
gwnft the Privileges and Liberties of Parliamehr.
Wie all know, that the intelteftual Part, whicTi'
Jbould govern all the reft, ought to be kept fiom Di--"
ItempCTj for it is that which purgethus fromiH^ErJ-'
rocs, and prevents other Mifchiefs for Time tO'
come. ' '"-''I
* If the underftandino Part be hurt, tlfcMlhd
catmat perform her >' unction.
i
'i
I
I
' A Parlument bltuttothe Common- wealth, Aa.'(S. eir,.>&
which the Soul is to the Body 1 which is only able '**'*'
to apprehend and underSand the Symptoms of all
iuch Difeafes, which threaten the Body politic. It
behoves us, therefore, to keep the Faculty of that
Soul ftom Dillempeis.
* I fliail briefly, therefore, give you a View of
fuch Occurrences, as have altered the happy and
healthful Conftiiulion of it : And, in the firft PUce,
I muft remember the Breaches of our Liberties and
Privileges of Parliament, which are :
* Firjl, In that theSpeaker, the laft Parliament,
the lift Day of it, being required to put the
(^ellioni the Houfe was commanded they fhould
not fpealc. Thefe are conceived to be the Grounds
of whatfoever befel thofe Gentlemen, which fo
lately futFered. 'Tie true, the Houfe was com-
manded to adjourn prefently ; yet whilit the Houfe
late, God forbid wc ihould be barred from offering
the iatt Sighs and Groans to his Majefty.
' Steeadfy, In tliat the Parliament was then dif-
folved, before our Grievances had Redrefsj or be-
fore we couid make our Wills known, which is the
Privilege of dying Men ; and to be heard before
Condemnation, is not denied to private Perfons.
* Thirdly, That the Juries prefumed to queftion
the Proceedings of this Houfe -, it is agamft Nature
and Order, that inferior Courts Ihould undertake
to regulate fuperior. The Court of Parliament is
a Court of the highcft Jurifdidlion, and cannot be
cenfured by any other Law or Sentence, but by its
own..
' Fourthly, The feveral Imprifonments of divers
GenUemen, for Speaking freely in Parliamenr.
■' FiftUyy That inferior Courts fliould be Inform-f
ed to ^uniili Afts done in this Court ; whereby di*
vera Members of the Houfe were fo kept in Prifooi
till they had put in Security for their good Behavi^
our ; an^ lijflie of them died in Prilbn, others not
releafed untill Writs came for this Parliament.
* l-^fik-. which I conceive to be the greaieft,
.Thatitit; Parliament .waB.'fUDifbed, without being
At ..,1 fuflered
I
I
■418 TWPitrliamntar^i^stiftKY
r. l.lufrercdiomaVcitsownDerence. tcaiRne brflb-
lution of ihe P.irliamfm a Punifhmeni,' Stid juSiy':
The llreaking ot" a Parliament, is Death to a good
Suhjea. .
*'Biilitis tobeobfervciJ,that in this and the 0-
Iher Grievances, ihg' the K.iri(5 be no Pariy, for
his Higlinels's Prerogative is is ds ne Wreng ; yet
nioft of thefc Dillempers of State arife-and do iq^ 1
vade the Subjects, by means of Milinformin^'hip
As the cddtial Bodies ol' themlelyes fend forth fl
thing bui Whollomenefs 10 Man ; bu: by tfeei
Uiftemper in inferior Bodies, much H.urt ariley
from ihi^m.
•The next Sort of Grievances I delivei
Ihofc tliat concern Matters of Religion.
'■ * Wherein I wiil firft; otiierve, the great Encoi
ragcment which is given to ihem of the Popjfii Ri^
lig^on, by anunivetfal Sufpenfior of all Laws ihiit '
arc ag^iill ihem ; and Ibme ot' them admitted into
P'jMic Places of Truft and Power.
* 1 delitenoitohaveany new Laws made ag.iinft
ihcm, Gud be than ke J we have enough; 1
ftrifl Execuiion of the c!d ones, but only fo l_
forth, as tends to ibe Safely of his Majefty ; ac^l
fuch a Prafticeof them, thatthat Religion, whicbcs^ff
brook no Cor-Rival, may not be the Deftruflion 1
of ours, by being loo (joncurrent with it. f
' There is an Intention of a Nuncio from iHl
Pope, who is to be here, to give fecrct Intdltgenoi'm
to Rime, how we incline here, and what will 1^1
thought fit to win us thither- I
* I obferveas a great Grievance, there are ^ivef*!
Innovations in Religion amonglt ourlelves. to tnaljel
us more capable of aTranflation; to which Pu|Jl
pofe Popilh Books have been pubiilhed inPrint*.!
Oifputaiions of Popifh Points are, and have becnjW
jjfed in ihc Univerfities and elfewherc wiih Privi*:
Jege; preached in the Pulpit, and maintained fof-
Iwad Doftrine ; whereby Popifli Tenets are main^ *
", 'lainsd.
,,'^ 'rheinitoducing;of Popifli Ceremonies, asAl-
[ttftFJiOtfiiig _towud5 the £alV, Pii^urcs, Cro^,
iJjuauV "^ ' ' ' Crucifixes, 1
■Of l?f*N G' li A Rd; 42^'
Crucifixes, and the r&e; which, of themfe^ An. t6. Cir, i.
fidered, are as To" many dry Bones^ but being put '^4o-
together, make the Man. We arc not now con-
tented with the old Ceremonies, I mean fuch as
tfie Cfbnftitution of the Reformed Religion hath con-
tinued unco us : But we mufl; introduce again many
of thofe fuperftkious and infirm Ceremonies, which ■
accompanied tHemoft dccrepid Age of Pppcry, bow- ■
iiig to the Altar and the like,
. r I (hall obferve the daily Dlfcou'ragingof all godly
Men, who t|[uly profefe the Proteitant Religion,
as tho' Men couuJ be too religious.
* Some Things are urged by EcclefiafticaLMen,
without any Grpupd by any Canoh or Article efta;-
blifhed; nay without any Commandirom the King,
cither undier fiis Great Seal, or by rroclatnaiion.
* The Parliament, ever finccQueen £//iZtff^/&''s •
Time, defired the Bifhops to deal moderately j but .
Ihow they have anfwered thofe Defires we all kriow,
and thefe good Men for the raoft part feeK
* 1 may not forget, that many of the Minifters
are deprived, for refufing to read the Book for Spores
and Recreation upon the Sabbath, which was a De-
vice of their oyfn. Heads; which Book, I may af-
firm^ hatl;!^ naany'^Things faulty in it.
* Thefi thcEncroachingupon the King's Autho-
rity b^y Ecclcfiaftical CoufiV as namely the" High
Corntniflion, which takes upon it to fine and im-
prifon Men ; enforcing thcrn'tb take the Oath Est.
Officio^ with many of the like UHjrpations, whicii,
are Punifhments belonging only to Temporal Jur .
"riTdiQion :''And it hath been refolvcd, in the Time.;
of King 3f^^«^/, that ihcStatuLeof ^i. EHz. cap. f.
gives them no (ucfi Pbwe; ; moreover, the Power *
which'they claim, they derive not. from the King, j
nor. from any Law or Statute; but. fhcy will im-
mediatelyhave it from Heaven, ^ure Divino. Di-
vers parliciilar Ordinaries, Chancellors and Arch-
deacons, take upon them to make and ordain Con-
Ititutions within their particular Limits ^ All
thefe Thin^ are trite; to the Knowjedge of moft
that hear me.-^*— I now come ip" the general Head
of
I 1
430 Ihe^arlmmntary History
Ip.^ Cw. 1.0/ Grievances, which is ihe Grievances belonging'
»*4*' lo our Goods, and are in civil Matters i The Heads "
thereof are too many.
' TheUUngof 7a«»fl^*and Peundage, and di-
vers other Impoiiiions, without any Grant or Lair
to do fo, tsa great Grievance.
.V 'ThcrearedivenantieniCuftomsduero the King,
but thefe ate certain what they are, and are 6\i«hf
PrefrriplJon : Thefe Cuftoms being too narrow for
his Service, and the ASeiftions of the People grow-
ing ftronger and Ilronger to their Prince, Tannage
, and Ptundagt were granted for Years to the King ;
and afterward!, by this Houie, granted forLives; but
' never were taken by the King's own Aft, without
' a Pariiamcnt ; for doing which, there is no Prece-
dent, unlefs in a Year or two in the latter End of
Queen Etizubeth.
* In the next Place of thefe Grie^'ances, I rank
Kn'ghllmd, the Original whereof was, that Pet-
fona fit for Chivalry might be advanced : Bur this,
after, was ftrctched for another End, for Money}
and extended not only lo Terre- Tenants, but to
Lefiees and Merchants, who were firlt 10 appear,
and then to plead for themfelves at the Council
Board ; but were delayed from Day 10 Day, to
their great Charge and Inconvenience: And, not-
wiihftanding the juft Defence they have made for
themfelves, there have been infinite Diltrefles laSd
upon them untill the Fines were paid ; which were 1
1 - impofcd, not by Courts, but by CommilTioneiB af- I
ligned for that Purpofe ; and this being a continti- 1
i^^ ing Offence, they arc by the lame Ru!e> aslialile \
^HB^ now (o Fines, asever. ^H
^^H * MmapMits, and Inundations of ihctn, where- ^|
^^V by a fiurthen is laid not only upon foreign, but ^|
^^* upon native Commodities i as Soap, Salt, Drink, ^
fcff. the Particulars whereof aie fit for the Commit- ■ 1
tee of Grievances. I
I ' Ship-Mmej: And although there be a Judg- I
I
' Skip- Money : And although there be a Judg-
ment given for it, yet I dare be bold to fay It b a-
gainlt all former Precedents and Laws * and not ohe'
Ju^ment that ever mamuined it. This is A Grie-
vance
v^n^ that 43aireg-iev«i ati larfng ne>Limiird-A". ^8. Ct. fc
tter for Time Qiriiit]Q«ion: If therefore any ftialt ^^*^
endeavour to defend this, he mult know, ihatboih
his R^uiaiipn and Confcience lye at Slake in the ^
Defence. ^1
' The Enlarghg tht Scunds if the fereji. Tho' ■ ^|
o'jr Ancdtors were heretofore queftioncd for the ' ^|
lame Thing, yet upon the Satisfaftion of all the' ,^H
CftijeilioLS that were, or could be mnde, they then' ^^H
faved themfelvesi yet now the fame Things are ■ ^H
turned upon us. ^H
' The Sale a/ publie Nufsnces, for fo they at«- ^H
pretended to be. Many great Nufances have been - ^H
complained of: But when there lialhbeen Money i ^H
given, and Compoftiions inadeT then they are no '' ^^|
TOPjre Nufances ; luch as Buildings and Depopula- '-' ^^|
* Military Charges and hnpefiliom vpm Cnuntid, v^H
by Letters only from the Council Table ; wherebv ^ ^^|
Soldiers Conduct- Money and Coats ate to be pro- ' ^H
vid«] at the Country's Charge ; and Horfesalfopro- - ^H
viqed without Ground of Law ; many Things in '- ^H
thIS'Kind being done by Dcpuly-Lieutenantsof their ' ^H
owQ Accord. ^H
* ExtrajitMcial fudgfments and Opiiimt ef ihe ' ..^H
Jut^es, without any Caufe before them ; whereby ' ^^|
they, have anticipated the Judgement which is 1^1'"' - ^^|
anij public; atid circumvented one of chePanies of ■'■ ^^|
thpjr Remedies, in that no Writ of Error lies, but ' ]^H
only upon ihejudicia] Proceedings. > *I^M
* The next Sort of Grievances is, that the grcnt-J^ *^|
Cc^ns do countenance thefe Oppreflions ; as I may '' ^H
inftance in the Court of Stat- -Chamber advancing 'i ^H
and countenancing of Monopolies, which fliould ^|
be iflftead of this great Council of the Kingdom ; ' ^ ^H
Ani^tixSiar-Chamber now is Iwcome a Court of ^^ '^H
Revenue; Informations there being put rnagainft-^ ^H
Sherifts, for not making Reiurns of Money upon--'' ^H
the Writs of Ship- Money: It was not uftial for me- ^H
um (^ tuwi to be dil'puted there. *- 1"". ■ ^H
' The privy- CounfcUois fhould be Litihu of the '--'4 j^H
ReaJm ; : Sure is uhem ris-ihe: ^rcalsltTrunv -a^ - 1 ^|
they, ^H
43X UeTMl^m^t^jfi^mtrd^
Lfl. i6. Ctf. Ltl^y* by AUgnaQkirf^^ «i».f6^<fo Jitftifm,
1640 urged by on^ ip lhi$ Houfe dv. laft Fsrliaintat :. AC^'
DOW, if thefe CounrellofB ihouJd ib far delbefidte^ '
low themff?Iveft» as to countenance, nay tS *|8dt
Projedls and MqQQ^rS|,.wbat fliallwc riiialrj^
thU? jSurc^y.n JA much befleafh their p^ic^ 3!bb
is a great Gripyftnce, buti mdft go h^ber. . ': :' -
* I know jtbe.Kinjg hath a tranicendent Powtr
in many Cafes, wher^by^ he may^ by Pmclamiib^:
on, guard agalnft fuddeti Accidental But tha^Aits
Power fhould^ be applied to countenance MbiiD|9i^"^
lies (the Projeflors being not conient with thdf prk
vate Grants., without a Proclamation) is witboHT
PreccJent. But yet I mull go hi^er than thiitV
It hath been in the Pulpit )applioi» and alfo puEEIfa'-
ed.in Booka and Difputations, aflcrfiDg a Powi^*
unlimited in the King, that he may do what he'
pleafeth. . . "V"
^ This Giievance was complained of in the lalE:'
Parliament, fq iht Cafe of Dr. Manwating^ wh6%' .
for maintaining that Opinion. in a Sermon, That a *
Subjiii had no Property in hisGoods, tut tbat ali'ii/ai
at the Kittys Pleafure^ made his Submiffioft' ^pcgr
his Knees ia this Place; and was .(hen brboght*^ : •
low, that I thought he would not have leaped lb '
foon into a Bilhoprick {m). - .vv
* I have, by this Time, wearied you as wellat ' *
myfelfi but I am come to the laft Grievance, ivhiqk^i
is the Fountain of all thefe, and that is the h^jtr^^J
tnijjion of Parliaments -^ whereas by two Slatutaa^":"'
not repealed nor expired, a Parliament ought to bd
held once in a Year, * - •> ••
' Thefe Grievances areas prejudicial to his Ma- '
jefty, as ro the Common-wealth. -. 1
* I he Breach of Parliaments is much prejudicial J
for by thi&.Means the great Union and Love, whicb :
ihould be kept and communicated betwixt theiCiDg^"
and his Subje^h, is interrupted : They canfidt makrri
known their Petitimsy nor the King hiaWinA,}*
■■ to «■
- ii
(«) In the Year 16359 t)r. Mow^Ofinf was made ({Aop of S^'' ^*
Dgmdi, Sec the Prcceediii||i agaiaft I^md p. 15X1 <f jif. -
Of E N6LA N D. 435
to have Sopplies. Where tlie Intercourie of theA* rt. Cta 4ft«
Sfriritj, betwixt the Head and !he Members ij hin- 'S4«'
dred, the Body proCpers not.
' \i Parlianienrs had been more frequent, 'the
King would have had more Supplies.
' By our Grievances in Religion, the King's Pap-
ty abroad b much weakened j and, that great Part
of his Aids abroad do forfake us, is for Ihat they
think we are forfaking our Religion.
* Many of the King's Subjefts, for that they
cannot be quiet in Things indificrent, and know-
not where they (hall have an End of them, have
departed this Land with their Goods, Eftaics and
Poflerities.
' The Preferment of Men ill-defcrving, and
Neglefling others of great Integrity and Merit, ha:h
much weakened and difcoutaged us.
' There are but a few now, that apply ihem-
feWes either to do well or to deferve well ; finding .
Flattery and Compliance to be the eafier Way to at-
tain their Ends and ExpeAations.
* The not obferving of Laws, but countenan-
cing of Monopolies and fuch like, breci Jealoulics
in the Minds of many ; and may prepare a Way
^Of Diftempcts, tho'. Thanks be to God, as yet
there have been none; our Religion having pre*
ferved ut. But if any Thing but well fhould hap-
|ien, one Summer's Diftempers would bre<W great
Change, and more than all unlawful Courfes could
recoiB pence. i
* We know how unfortunate Henry III. »nd o-
thci Princes have been, by the Occaiion of fuch"'
■Breaking of their Lavts. I pray God that we ne-
ver fee fuch Times,
* Wc are not content to multiply ImpofitiorS
upon Merchants Goods, which are exported and
imporird into the Kingdom : But new there is a
growing Mifchief in plotting for an Impofitioti up-
on fuch Goods as never fee England, but are con-
•veyed from Fr&mt to Spain, or the like, by Eng-
UJh Merchants. A Courfci befoie this Hmc ne-
. - Vol.. ym. . .; e^. vk^
;s
7
434 ThfiTariiamentaryliisr^otiY
An. 16. Car. I. vcT heard of i and fuch iUe|gal Thinj^ are bs^ac-
1^ counted for to the King; whereas legal Thn^P
will fooa be difcovered, it not accounted fior.
* Btefides, in Monopolies and fuch like, tbp^third
Part cbm^ not to his M^efty's Co^rs, as to Ip-
tonccin-thatof Winci- ,■ ■ :
^ The King hath only 3p,oool. 6/r jtnnum}xpif$,
them, whereas the Wines, in the Gains bx ^^ft«"
tent, come to 8o,poQl. ^t the firft, from tjbieTb^
I of their Anival; ancf, being dra wo, CQmarto
230,0001. per Annum ; and the lame Pro|jpfiJ0Q
holds in all other Monopolies: Hereby It ^aggiit^
how much the Subjedt is damnified, and how/Uoie
ihe King gains.
* I come now to the laft Things The tlemcdjrof
thefe Grievances ; which b thus : :
* I advife to prefent them to the Lord^, that thqf
may join with us to go to the King, and pray that
thel'e Grievances, being clear in Fa£t, may be voted.
If any Thing, in the Vote, be ftuck upon, that It
may be (debated ; and drawn, according.ta the Courfe
oftheHoufe, intoaRempnftrance; wichanham-
b\t Petition of both Houfes for Redrels. And I
hope the Wlfdom of this Houfe will prepare /uch
a Remedy,- as will make the King a great I^i^
and the People happy.'
After thefe Speeches the Houfc came to a itcfiy
lution, and it was ordered, < That the Records,^
The Procecdirgs Pr<iccedings in the Star- Chamber and Kin^s^ Sfndt^
againft fume that concemcd feveral Members of this Houfe m
Members of the jhe laft Parliament, (hould be fent for immediato-
Lir^dlr' ly^ ^^^' Sir John Elliou Mr. Strode, Mr. SrAft»,
' Mr. Falentine, Mr. Hollis, Sir Peter Hayman^ aiul
others, that were quqftioned, after the laft nrlia*
ment, for any Paflages.donc in that Parliament/.
Ordered alfo, * That a fcleft Committeci be ajf-
pointed to meet for the ftating of the MaLter;pf
F;iCl, touching the Violation of the Privilqjer df
P::rliament, the laft Day of the laft Patliapent ;
und to irpcri their Opitrion of it tg the Houfe'.!..
• Of-
0/ fe N G t A N 0. 43J
Ordered alfo, * That the Records, InroIinenc3,Ap. z6. Car.
Judgmenls, and Proceedings, in rhe Exchequer, and '^^o-
all other Courts wh'atfoever, concerning 5*;>-/*«fy, Aifo the Am\
(hould be fent for : And Warrants, figned by theof Ship-<Mun<
iBpeaker, direAed to the Officers of the feveral Courts
for all tbefe Matters, were iflued out accordingly.'
Secretary JVindibanie^ from. the Committee on
(he Faft, delivered in a Paper, agreed on by them,
for a Conference with the Lords about it ; which
was read, importing, * That the Knights, CitizenF,
and Buraefles of the Houfe of Commons, taking in-
to Connderation the great and weighty Afikirs, now
in Agitation, in both Houfes of Parliament, con-
cerning the Welfare of the King and the whole
Kingdom ; and believing the principal Way and
Means to attain to a happjr and profperous Cbnclu-
.fion of the fame, is, to beg the divine Affiftance
and Dire£tion of Almighty God in all their Con«
fultations, by one folemn Humiliation by Failing
and Prayer to his Heavenly Majefty ; they have
commanded us to acquaint your Lordfhips, that you
will be pleafed to join with them, to move his Ma-
jefty for his gracious Allowance of fo pious a Woik
to both the Houfes of Parliament j and alfo that be
would be pleafed to grant and appoint a Day. for
a Faft throughout the whole Kingdom.'
The Lords agreed to this Propofal ; and Saturday ^ ^ ^^ Heufcj^d
.the 2d of May, was appointed for this Solemnity jfppola'i^pfft.
but Matters growing critical between the King and
Parliament, about that Time, the Faft was pat off
to another Day ; which never came in this Parlia-
ment.
April 20. The Treafurer of the Houfliold, Sir
Henry Vane, reported from the Committee for
ftating the Faft of the Violation of the Privilege of
this Houfe, the laft Day of the laft Parliament ^
That he was helped by two Members Notes, taken
at that Time, in this Manner :
* That the Siwaker being prcfled, he anf\**ercd.
He zvas the Servant of the Houfe \ but let not tie
Reward of my Service be my Ruin. — The Reafon
£ e 2 x^ijF
434 7h$ Tariiatneniary HiSToviY
i6. Cr.l. vet' heard of i 2nd fuch illegal Thin^ue badbrac-
1640. coumed for 10 ihc kin^ ; whereas le^l Thing?
will fcx)n be difcovered, if not accounted for.
* Befides, in Maoopolics and luch like, the Ihiid
Part comes not lo his Mnjefty's Co&rs, as to ^i-
flaiice in that of Winesi
* The King hsth only 30,0001. S«- Annum upoa
ihem, whereas the Wines, in the Gains by cbe Pa-
tent, come 10 8o,ocqI. at the firiV, from the Time
, of their Anival ; and, being drawn, como !o
,30,000!. /«'■ Annum; and the fame Pro^rlion
-Ms in all other Monopolies: Hereby ii appsare,
' much the Siibjedt is damnified, and how litrie
King gains.
I copie now to the laft Thing, The Remedy of
lefe Grievances J which is thus:
I advife to prelent them 10 the Lords, that they
'iOi^y join with us to go to the King, and pray that
""iel'e Grievances, being clear in Faft, may be voted.
'any Thing, in the Vote, be (luck upon, that It
'may be debated; aDd drawn,accordiiigioiheCovitfe
'theHoufe, intoaRemonftrance-, wiih an hum-
; Petiiion of both Houfes for Rediels, And I
'Jiope the Wifdom of tiiis Houfe will prepare fnch
■a Remedy,- as wiil mate the King a grea( King,
and the People happy.'
After ihefe Speeches the Houfe capie to a I^efi)'
Imion, and it was ordered, ' That ihe Recordsan]
ThtrrnccediPEi^'''''"^^'"?^ '" '^^ S/ Jr- C/'iiftier and Kin^sSfoAt
■gamii r^me that concemed fcverai Members ,of thbTiottfe m
Mfmbtrs of the the M Parliament, fiiould be lent for immoHate-
' mi.J'akndni, Mr. Hsilii, Sir Piicr Haymaif and
others, ihat were queflioned, after the laftraiiij-
merrt, for any Paila^es dcoe in that Pijiliamehr.','
Ordei'ed alfcj, ' Thai a IcIettConimitte^^ ap-
pouited 10 meet for the dating of iJie Maneiiirif
¥.:i\, touching the Violation of tlie PrjVilejB' «
P.ulianient, theljft Day of the \jA ^xM^^pii
and to irpurt ihcir Opinion of it tg, ihe^tiduft^,
ft'r.'nA i.'V- i"'"". rtii !ii n.;-\it 711 V, V^cjKa
Of £ N G^'t A- !sru 1,5} Im
Ordered alfo, • That the HecbrJs, InroIii]etitS,AD, ifi„Car. i.
Judgments, and Proceedings, in the Exchequer, and '**"■
all other Courts whaifoever, concerning 5^^-^f«fv,Alfo jj,, f^f^^;^
fliould be fent for : And Warranis, figned by iheof ship,Mi,iiej,
Speaker, direfted to the Officers of the fevcral Courts
for all thefe Matters, were ifl'ued out accordingly.*
Secretary fVindibanket from the Committee on
file Faft, delivered in a Paper, agreed on by them,
for a Conference with the Lords about it ; which
was read, importing, ' That the Knights, Citizen?,
and Bu^lTes of the Houfe of Commons, taking ia-
to Conlidetatioti the great and weighty Affairs, covf
in Agitation, in both Houfes of Parliament, con-
cerning the Welfare of the King and the whole i
Kingdom; and believing the principal Way and
Means to attain to a happy and profperous Conclu- ■
fion of the fame, is, to beg ilie divine Afiiftanci -^
and Direflion of Almighty God in all their Con^
fultations, by one folemn Humiliation by Fading J
and Prayer to his Heavenly Majelly ; they have j
commanded us to acquaint your Lordlhips, that you ■
will bepleafed to join with them, to move his Ma-
jefty for his gracious Allowance of fo pious a Work ;
10 both the Houfesof Parliament ; and aKo that he -
■would be pleafcd to grant and appoint a Day for
a Fall throughout the whole Kingdom."
The Lords agreed to this Propofal j and Saturday, ^ •'' Ho^r^de-
the 3d of May, was apiiointed for this Solemnity iappXA pfa'"
but Matters growmg critical between [he Kingand
Parjiameni, about that Time, the Faft was pm ofT
10 another Day ; which never came in this Parlia-
ment.
4pril 20. The Treafurer of the Houfliold, Sir
Henry Vene, reported from the Committee for
flating the Fafl of the Violation of the Privilege of
Ihis Houfe, the lall Day of the laft P^rliimenl;
That he v^as helped by two Members Notes, takga
at that Time, in [his Manner: ■ .
* That the S[icaker being pfefi'cd, he anfwered, J
lis :-jf!i thi SeiViint of the Bcufe-, hut Itt not t'hr™,
Revjari cf my SirvUe bi my Ruin. — The Reefin
E e z why.
4i6 W'PArliammaryiiis'^^r
j£:ift.&r. hwfy he Itfi tht Chair v/if, tist lo difsbey tht Hi
»**»• iai ebty bis Aiajejly.—! will not fay, I wUi iM
thi i^t/tien ; but Ifay,i dare ngt—ThitiiK
'■ . . er, as foon as he wsa fct in his Chair, delivei
King's PleafuTc, Thai the HwU JhoM it 04^
•fa- n SivtnnJght : That he was (ommandtd • ta
the Qbaift and to pus. ta ^ueftm ; bat U ttfatt
hit Mojejl^ prtjenlly. — And, being preffi
|iuitheQiiciiion, he anfwercd, He was
ta pat tii •^fjiion, — That the Command jtfeli
ring learched luio, it api>ear£dtobe the KingV^l
the Declaration pabliflicd in the Yeac 1628 (up
On this Report a Motion was made, * Thart
felet^t Committee be appointed, to prepare a Rtptt-
ff iltaiion to his Msjefly of the Violation of the Li-
bertiesofihis Houfe, that happened the laft Day of
the lift ParUamentj humbly befeeching his mufi-
fty, that the like Violation may not, hcreaftcri be
brcughi in prai^ica to his Prejudice or their*.*- ■
But no Reiblution on this yet happened, fora
long and various Debate enHied upon it ; at Iaft>
being put to the Queflion, it was refolved. That is
Thf Efliavlijut iV iht Opinien of this Hsu/e, That the Speaiir't rtfu-
of ihe iitB j^^g jj, p^^ fijf ^iijlim, after a verbal Commaitd
.^n a ten u- ^^^^ ^.^ Mdjejty, figt^fied tB ibis Hou/r hy the
Spraier, w adjenrn, and no Adjeurnmtnt r/^dr hv. tku
Fkiifey is a Breath of the PrivUegt of 'this I-Uofe.
The next Dny Sir Henry Vane delivered s Mef-
fage from the K.ing to the Houfe, ' That it is his
1* Pleafure they fliould attend him, at Two In the
"f'ftfternoon, mlhe Biingueliiis-Hmi/e, t$'hitihall'
Ijp ' ■
■■''Nothbg elfe malerb! h^ppering, except taking
"in Recoids from iheifeveTal Offices, conceming
Ship-Money^ iirc. the Speaker, attended by the^WtiAle
Hcufe, went up, in the Afiernwjn, to IVhit4i^l%
where, meeting with tlie Lotils, the King feeing
tirtfein, the Ltfrd Keeper addrelied-himfelf tobOlli
Hyiiles iis follows: ,
^•ufij'SK tfafiCtdantiwi idfelff.fi. ]f f, JV(. i
KMraiq
«
^ ■ 'W'.O U may well reQteiiib^r» upon ^he Begin- t,^^ ^0^^ j^ ^^
f j[ ' Il^g ^f ^b>^ Pdrliain^nty hi^ Majefij CO.m- er*s Speech to
^•' maiided ine to deliifep unto you the Caufes of^^^^n *Supp
'f- Calfin^ of it i y^hich wos^ fop the AiBftance
;^ and, Supply of bis Majefty.in fo grwjt* 'weighty*
^ and important Affaim« as ever King of England
;^ had- to require at )ii#Sut9'e£t8:Hand3.
* I am/ now to put you in Mind what- 1 then
*' laid unto you, and withal to let you- km>w» that
^ fuch ^tnd* fo great are hi» MajeHy's Qccaftons at
* this Time, that if the Supply be not fpeedy, ft
* will be of no Ufe at all : For ihe Army is !)ow
^ marching, and doth (land his Majeftyat leaft in
^ xoo,ooo I. a Month ; and if there be not Meansf
< ufed to go on with this as is fitting, his Majefiy*s
< Deiign will be loil, andahe Charge all caftaway.
* It is npt a great and ample Supply fpt the Per-
* fedling of the Work, that his Majefty doth now
.. ^ expeS ; but it is only fuch a Supply, as wiih-
* out which the Charge will be loft, and the l)e-
^ fign fruftrated ; being built upon thofe weighty
* Reafons which tend to the infinite Good of the
' Kingdom, and Prefervaiion of you all.
* This done, his Majefty will give yOu Scope and
* . Liberty to prefent your juft Grievances unto him ;
* and he will hear thein with a gracious Ear, and
^ give them fuch an Anfwer, as you and all the
^*Kingdom (hall have Reafon to joy therein.
* His Majefty taketh Notice of one Particular,
«* and that is concerning Ship-Money % wherein
** Ills Majefty hath commanded me to declare thus
* much unto you : Firft, His Majefty never had
y' it in his Rqyal Heart, to make an annual Re-
, :;• venue of it, nor ever had a Thought to make
' * the leaft Benefit or Profit of it: But whatfoever
.* he did or intended in it, was for the cpmmpn
* Good of you all ; for the Honour, Glory ^nd
. I* Splendor of this Nation ; and that every onfe of
E e 3 . i. "^ us
(9) Thf Lord Keeper made s Report of this Speech, the next
D4y> ia the H&ur*; of Lords^ wu^ Co the (erne Paf{iort m thisU.
i
43? Tf^^arliamhtar/nhr^r
* us ate made Sharers and Partaliers in the Benefits,
' Fruiii and SucceiTcs of ic, of tphich olherwile
* yon would have felt the Woes. He hath been
* fo far from miking ihe leaft Benefit of it ; that
' lie hath expended great Sums of Money, out of
' hi) own Coffers, to work with, to ihofe neceffary
* Ends 1 have named unto you.
' The Accompis of fuch Monies fo receive
* have been brought to the Council TaHe; L
* Monies delivered lo^iz ^illim Ruffel, ibeTiJ
*,,furer of the Navy ; and, by them all, it tH
\ Mipear whether there hath been a Fulneft i
/ "Clearndi- of Truth in ihe Difburfments theffl
■ • ,/or the Good and Safety of the Kingdom.
, ^ It is «ue, his M:\jefty had once intended, ^
\ Year, not to hav e taken that Courfe, but to h
* laifed an Acmy i which his Majelly, fp jilf
* King, for the Prefervation of ihe Kingdonft, l
* novy taken into Confideration : And I muft \
* you, that his Majefty prizeth nothing more tf
* hisHoroufi andhe willnoilore.forany isaf^
f. iThjiig, bis Honour in the leafl ; ye cannot'B
*.,lhpfe Expreffions of Love, Duty and AffW
^^lo him, vvhich ihe Giacioufnefs of hisN«|
' wilt not exceed m. ^
. • Oi all his Kingdoms, this ought .to. ]
-•; seareft anddeai-elt unto liim ; yet for hat
V.^om oi Ii'fh»d, the lall Parlianicntbefonf t
^',lhe very lecond Day yf the Pariiametit, i
* gave him fix Subfidies i th^y relyed upon hi? »
* cious Words ; the Succefs was, that beftjtc j,
.*,.End of the Pailiament, they liad all they .(
■ ^defire granted, and had it with an Advanu
* This laft Parliament there, it is well knpj
,*:1jntoyou all, what a chearful Supplv they I
tf-.given uiito his Majefty, for ihcir Hearts »
ji with it i and let it not fie apprehended, that S
,^,fidies there are of fmall Value; iherc J9 n^,^
,? Sublidy ihal is granted, but ii is worth $d <y
A^C'vOool. at the kail: Confidcrlhat Kingdbin,
?i. how fmall Proportion it holdelh wilh this, of
^ Bn}ii!id i and you will find, ihat it is as cca^
O/, E JM a I, A iN:.A,,. «9
* derable a Gift, as hath been given in many Yeafi. An. »s. fti.
* It hath wrought this EfFeCt, That certainly bis ,***?&,
' Majefty will make it apparent to all the WorW,
' what a good Conftniflion, and how gtacioufly,-
* he doth elleem and interijret this Ati of theirs.
* I have directed hitherto my Speech to you thac'
* are of the Houfe of Commons ; now I fhallad-
* tdrefs myfeif to your Lordfhips.
' ' It is true, ihe proper and natural Supply pro-
' ceeds from the Houle of Commons ; yet, in Aid^
* at this Time, his Majefly hath cailei! you hither ^
* and hopeth that he fliall not find ihc Houfe of
' Commons backward to his Defires, nor your
* Lordfliips unwilling to concur wiih ihem.
' To you of the Houfe of Commons, I did for-
' get one Thing, of an Objeftion that might per-
* haps be made, That Ta/inage and Pswidase is
' given towards the Maintenance of a Fleet at Sea '
* let me tell you, that Tannage and Poundage v
' never intended but for ordinary Prefer va lion
" the Sea j not that it (hould be to defend the D
' minion of ihe narrow Seas, when tHe Navies oi
* all the Princes of Chrlftendom are fo incteafeA
' as they are. It is fit for his Majefly (as ThingJ
' now ftand)to have fuch a Strength^at Sea, as may
'jbe a Terror to others abroad,
'. * His Majefty was, once, refolveii that no Ship'
*!piriE Writs fliould have illued out this Year ; buc
* be was enforced, for your Good, for the Good
* of the Kingdom, and for his own Honour, upoi
' necellary and weighty Reafons, to fend forth the
' Wrilsi and thofeReafons were thefe,
' Ir was of Neceffiiy for hisMajelty to prepare
* an.Army, to reduce hisdifaffedledSuhjeftsofSw/-*
' land to their due Obedience. This very Year,
,* all the Neighbouring Princes are preparing with
*, great, Fleets of Ships ; fo as it is Time for his
' Majcfty to put himfelf into aStrength, that he
* oiay be able to prcferve the Dominion of the nar-
'„row Seas ; without which ihis Kingdom will be
' - loft, and lie notable to maintain his Right of being
.■^^hs ModcraioT.ot il)^ Sa, whereby there may be
]
■ Fr<
^
i
4^ TttiPiTArlhrntHUiyHisr^r
.Ot^i^^ Ficciiom and Commeiccof Tnde. trhkJiHUi
* exceedingly lo the Flourilbbg of tbis Kingdon^
* Anoihcr Real'on for Shipping-Wiits ^ia Yeu 1^
'*- That Ihofe of ^igier are grown ro that lofolci*-
1* cy, thai lliey are provided of ii flcel of fiiiy Sail
-K of Ships, and have takea divers ffff^ShqWttur-
'^ , liculaily one. called ibe Rebtaa of LBodm (wrfl
* luiown 10 ihc Merchants upon the Exebaegt)
!54akeD upon the Coaftsof Spain, worth at iheleaft
•".«5o,ooo I. And therefore, the Writs having gone
' out upon thofe weighty Reafons, before it was
.*;,polIib]c ihs ParlUoient could give any Supply to
i^^ -provide for thofe Things, his Majefty cannot d)is
-V Veac forbear it ; but he doth expeii your CoB-
.f currencc in the Levying of it for the Futiite, 1
.f.^a^l fpeafc that unto you by his Majefty's Com-
* mand, which may comfort any Engljh Heart ;
J, /jiJ is Majefty halhnoThoughia of enriching faii
.i-felf by the Monies coming in upon thefc Wrif
j^iie Joih defire but to live as it behoves a ICioj
^.^- England, ■iSAz to defend you and this Nat
,*, Honour and in Luftre, which is famous Abm
' and glorious at Home; and to live but like fi
•. ,a King, as every tiue Englijh Heart i'
/,'lheir Krng fliould he.
• Be Maftcrs of your owo Way ; fettle it lb
* lecure, that it may never come to the le^ft Be-
.•■'iieiit and Advantage to himfelf; but for cbe
[*!. common Good, and tholie neceHary Eadsvbe
f.'vn you ihail all fbare in; your Plenty, iPet,
(''^Honour, and wbatfiaever zny Englijhmiin''9i
y* glory in.
j ,'.' His M.tje(ly commands me to tell you, yea
.* ifliall propound nothing wherein you may receive'
*"^.all Security for the Property of your Goods, nor
.fjOOihing for fecuring your own Liberties, whei
*..in he will not moft readily liften unto you j ■;
* be as willing to grant, as you to afk. His B
* jefty dot h now offer unio you the R.eifon_.
* Occafions, and the Way to make this tlic mnft
;, blefled and moft happy Parliament that ever, was;
} and ih^t it .nay produce Jucb ElTe^vbhat du
tor cbe
t, yaa
■eceive'
Is, nor
v'herri^H
s'uSH
nfonar^
■ ^
-tin their King. And he layeili before you not '*+^*
,S on!? the Counfel lo do fo, but he will tell you
-'itheWay; and thax is, by putting an Obligation
I*,«f Ttuit and Confidence upon him, which (hall
•^■^iOTc ftcure /ou, ihan a!l thai you can i-nveni ;
I^or FeaR, or Jealoulies, can imagine tobepro-
if'.yided for. It is a Courfe that good Manners,
ft I3uiy and Reafon, jhouM require of you lo take
'"into Conlideration.'
Jprii2z. Nothing of Momentdone by the Com-
mons, except ordering the Conlideniion of the Lord
Keeper's !aft Speech to be referred to the next Day :
At which Time, as Rupwcrih informs us, Ed-
mund WalUr, E(qj rofe up, and fpoke to this Ef-
fefl:
Mr. Sptahr, ' I will ufe no Preface, as theyoebaw thersen.
do who prepare Men for fomcthing in which they
have a particular Intereft. I will only propofe
what \ conceive lit for the Houfe to confideri and
fhall be no more concerned in the Event than they
that (hall hear me,
^ * Two Things lobferve in his Majefty's De-
mands : Firft, The Supply. Secondly, Your fpee-
dy Difptch thereof.
- ' Touching the Jirjl, His M^jelty's Occafiona
for Money are hut too evident ; for, to fay no-
thing how we are neglefled abroad, and diftradled
at home, (he Calling of this Parliament, and our
litting here, (an Effefl, which no light Caufc in
thele Times hath produced) is enough to make any
reafonable Man believe, that theExchequerabounds
not fo much with Money, as the State doth in Oc-
caiions to ule it: And I hope we (hall appear wil-
ling to difprove thofe, who have ihoUghl to dif-
fuaJe his Majefty from this Way of Parliaments,
as unceriain j and to let him fee that it is as ready,
and more fafe for the Advancement of his Aff,urs»
than any new or pretended old Way whatfoever.
, For the fpeedy Difpaich reqained, which wa|
\hzfic3nd Thing, not only hijM:ijefty ; h\iiResipfa
lofuiur :
I
I
ihk-Jlte. iJaftdtur: TbeOccafionfeemsW importonenolafc*)
1640. Nccefiiiy is comt upon us like an armed Man.
' Tbe V fe of PatliamctHa lieretofore, as appeal*
by the Wriu ihai call us hiiher, was lo advifi: with
his Msjcfty. of Things concerning the Church and,
Common-Wealth. Aiid ii ha-th ever been ihc
Cuftorn of PatlUments, by good and wholeloine
Laws, 10 refreih ihe Common- Wralih in gciicrtd;^
y«3, and to defcend into the'Remedies of pariicubT;
Grievances, before any Mention made of a Sqpply^
Look back upon the bell Parliamenis, and ftillyon
ihall find, thai the laft Ai\i are for the free Gifci
o( iiabfidies on the People's Part, and gpncral Par.
doni on the King's Part : Even the wifeft Kiaffi
have finl acquainted their PailiameDls with iheir;
Defigns and tl)e Realbiis thereof; and then d^
mandcd ilie Afllftance both of their Counfel ani
Furfes. But Phyfrcians, tho" they be called « the
lateft, muft not llomach it, or talk what might
have been ; but apply themfelves roundly 10 tin
Cure : Let us not ftand too nicely upon CircuiS'*
ftanfcs, nor too rigidly poftpone the Matter of Sui>^
ply to the heaiing of our lighter Wounds; Let us
do what poflibly may be done, with Realbn ani
Honefty on oar Part, to comply with his Majcftyl-
Delire!, and to prevent the imminent EviSs th^
threaten us. Coniider that they who think themfclv.
already undone, can never apprehend themfelves ^
Danger ; and they that have nothing left can i;
ver give freely ; nor ihall we evtr difcharge I
Truft of thofe that fcnt us hither, or mafccth
• bclicire that they contribute to their own Defei
and Safety, unlefshis Majefty be pleafed firft to t
ftorethem to the Property of their Goods and lav
ful Liberties) whereof they efteem themfelves nooi
out of Polleffion. One need not tell you that Pro
perry of Goods is the Mother of Courage, and tl
Nurfe of Induftry ; it makes us valiant in \"
and induftrioiK in Peace. The Experience I !
of former Parliament;), and my prefeni Obferva^
tioa of the Care the Country has had to c'
0/ E N G L A N D. 443 ^
Peffons of Worth aAd Courage, make me think An, »«; Ar.*
Ihis Hoiife like the Spartans % whofe forward Va- rfnH
lour required fome fofter Mulick to allay end quiet
theif Spirits, too much moved with the Sound of «
martial Inftrumenis. 'Tis not the Fear of Imprl- J
fonment, or, if need be, of Death itfelf, can keep V
a true-hearted Engtijhmai from the Care to leave ^^^B
thji Fart of hi3 Inheritance, as entire to his FofteJ ^E^^H
rity, 71% he received it from his Ancellars, '( ^^^^^H
' This therefore let us hrtl: do, and that rpee?* ^^^^^|
dity, that we may come to the Matter of SuppljrJ ^^^^^|
Let us give new Force to the old Laws, wMc^ ^^^^^|
have been heretofore (or the maintaining of oup ^^^^^H
Rights and Privileges ; and endeavour to teftot^ ^^^^H
this Nation to its fundamental and vita) Libenie^J ^^^^^|
the Property of our Goods, and the Freedom ctf ^^^^^|
our Perfon! ; no way doubting but th.it we Ihalfc ^^^^^|
find his Majefty as gracious and ready, as any ol ^^^^^H
his Royal Progenitors have been, to grant our' joft ^^^^^|
Dejircs therein ',■ ^fx not only the People do tbinloj ^^^^^H
but the wllell do know, that what we have futfered .^^^^^|
in this long Vacancy of Piirliaments, we have ful^ "^^^^^H
fered from his MiniHers; that the Perfon of no ^^^^^|
King was ev^r better beloved of his People ; antf ^^^^^|
yet that no People were ever lefs fatii^fied with thrf ^^^^^|
prefent Ways of levying Money. Thefe are two ^^^^^H
Truths which may ierve, the one to demonArat^ ^^^^^|
the other ; for fuch ii the Oppofition to the pre* ^^^^^|
fent Courfes, that neither the Admiration thejt ^^^^^B
bave of his Majetty's natural Inclination to Jufticc ^^^^^H
snd Clemency, nor the pretended Confent of the ^^^^^|
Jui^ge5, could make ihcm willingly fubmit t:hem« ^^^^^|
lelves to this late 'I'ax of Ship- AJuttey : And fueb ^^^^^|
is their natural Love and jull Efteem of his Maj0^ ^^^^^H
fty's Goodnefs, that no late PrefTure could proVolM ^^^^^|
them, nor any Example invite them to Difioyalt^ ^^^^^|
or Difobedience : What is it then that hath brctf- ^^^^^|
this Mifunderllanding betwixt the King and hita ^^^^H
People? How is it that, having To good a Klng^ ^^^^^H
we have fo much to complain oi i- Why, IVbi ^^^^^H
Speaker, we are lold of the Son of S^lomm^ thai ^'^^^^^^
was a Prince of a tender Heart ; and yet, by the ^^^^^|
Ad- V
I
i
444 TlU'P^arRataeni^r^'iJkff&B.i
. tAcIvicoof vicdert Coonfellors, bow rough an As*
f wcr he gave to his People, Tiat hit Fwgert JbaaS
bi as htaxy ai his father's Liyns .' This was notifib
own, but the Voice of fome Perfons about hiikv
thill u .inced the Gravity xnA Moderatioo requifiK
for the Connfcllors of a young King. . ; .
• I love not lo prrts Allegories too far, bat thi
Refemhlance of job'% Sfory wiih ours, holds'lb
well ihat I rsnnot but oWervc it unto you ;■ jt
^tnfed God to give his Enemy leave to afflift Ilia
more than onoe oi twice, and to take all thacte
bad from him ; and yet he was not provoked-ib
much as 10 rebel wiih his Tongue, although he WU
fio veiy good Example of one thai Uy very near
him, and felt not one Half that he fuffered. I iwpe
his Mijelly will imiiate God in the benigner ftirt
too ; he wasfevere to Jebt only while he difcbuTfed
■withajiother concerning him; but when bcvouch-
fefcd to fpeak himfelf to him, he began [o rebuke
ihofe who had mtftaken and mi^udged hisCifc;
and to reftore the patient Man to hts former Pro-
Iperity : So, now his Majefty haih adoiitteJ us lo
his Prefence, and fpoken Face to Face with us, I
■doubt not but we ihal! fee fairer Days ; be nftoMd
again to the Pofleffion of our Property and Libft-tf ;
and that his Majefty will frown upon thofe v^
have given the ill Counfel. :'i
' I wonder at thofe that feem to doaht the Swt-
Ccfs of this Parliament ; or that ihe MifunderftanJ-
ing beween the King and his People {hould lOft
any longer, when now they are Co happily met.
• His Majefty's Wants are not fo gieat^ but that
We may find Means to fuppty him ; nor our-Ov-
fires fo unreaibnabic of incompatible with GovcMi-
ment,but that his Majefty mightwellfacisfy them:
Fot our Isle Experience, I hope, will teach ug wHat
Rocks to (hun, and how necelfary the Ufe of Mft-
-dcration is ; and for his Majefty, he has had Expe-
Tience enough how that profper? which it gOTl^n
without ihe concurrent Good-will of his People ;
'Never more Money taken from theSubjed ; never
'Afore Want in the Escheiucr : If we Joolc ut»d
'«! ■ what
' T^^ErN.G li'A N D. 44i
vbftt has been paid, it b more th&n -orualiy ttiCAn. a.-
People of England were wont to pay in fucb a
Time; If we look upon what has been elfetled
therewith, it Ihews as if never King had beea
worfe lupplied i fo :hat we kern lo have endea-
voured the filling of a Sieve with Water. Whofo-
evcr gave Advice for thele Courfci, has made good
the Saying oi iheWife Man, ^i cojituriat DmuJt'
Juam pejjidtbit ytnlum: By new Ways they ihinfc
lo accompliDi Wondera, but in Truth diey gtafp
tbe Wind ; and are at ihc fame Time cruel to us
and to the King too: For let the Common- Wealth
flourifh, and then he that hath the Sovereignty can
never want, nor do ami6 ; lo as he governs not ac-
cording to ihe Intereft of otiiers, but go the fliottell
and ealieft Way to hisown and ihe common Good.
* The Kings of this Nation have, always, go-
verned by Parliament ; and if we look upon the Suo-
cels of Things fmce Parliamenis were laid by, it re-
liembles that of the Greiiain^
Exillafiuere, !^ ritro fiibh3[)fa r/ferri^
Res Vitnoum • .
eipecially on the Subjefls Parts ; for though the
King hath gotten littic, they have loft all; But his
JVlajefty fliall now hear the Truth from us, and we
fliall make appear the Errors of Divines, whowoiiU
pcrfuade us that a Monarch muA beablblute, and
(hat he may do all Things od LibituBii receding
■ sot only from their Text, though that be a Wan-
deriflg too, but from the Way iheir own Profefli-
-pn migiit leach them, Jiare juper ^ias ontijum,
and remove not the anlient Bounds and J.and>
- Marb, which our Fathers have let.: Jf to beablb-
lote were to be reftrained by no Laws, then can no
King in ClirJftendom be i"o ; for [hey all ftand o-
bliged to the Laws Cbriftbin, anj we aJk no more ;
for to this Pillar is our Government (ix'di our
Kings, at their Coronation, taking a Ijcrcd Oath
tofecurc us.
' I am foriy thefc Men take no more Care to
&m Otft^slisf At 'lift^ -Tilings, which they tell us
:^tlii ' for
A
F
I
446 -'^■^ar/idm^t/f^Kis^Kr "
iftffoar Strtfs'Healrh; while We kttow them, fo'id^
nifeftly, hi ihe wrong in that' which concerns rfit
Libcniesand Privilcdgesof ihe Sah]tOsot£ngtogii
but they gitin Preferment, and then 'tis no matTtt
though they neither helicvcihcmfelvw, nor ari^be>-
lie¥c(! by other) r Yet, fince they are fo ready ,to
let Ibofe (he Confcicnce of their King, wc are *e
more tarcfully to provide for our ProteaJoil agalw
this Psrlpit'T^aw ; by declaring and reinforcing t&e
imtnicifwT Laws of this Kingdom. It is worthy die
obfcrving how new this Opinion, or rather this' Wy
of-Rifmg is, even amor^ themfelves; forRw.
Miiff, who was no refractory Man (as they fttti
it) thinks, Thai ittjirjl Gwtrnmeni was ArbifrUti^
ttTitill It -was ftJtrtd, that ta live by one Alarfj li'ia,
iecamfoft'JUiJt'j Mrferjeu Thefe are his Wotds^
toneluSng that "FUs wm the Original ej trtvtnt'mg
h^i. Anrt tf-we look furiher bac'K, our Hiftortes
'wit] telTus.ThatrhePrelatesofthis Kingdom h^
often hfen the Mediators between the King andHf
Subjefis, tbprcfentand pray Redtels of their .GrW
vanc-es ; and had, reciprocally, then as much LoA
and Reveieiiceirom the People; but thefe PreaCM
era, more aflivc tii-aiirhcir Ptedecelibis, ari^d wiH
than :):; Laws, have found out a better FoiTn (
Oovetnmenl.
*■ Tlie King rnull be a more abfolute Momn:
than any of hi; Predeccltors ; and, to them he ttli^
owe it, ihnugh in the mean Time they has
Hearts of his People, and involve him hi a ihbl,
fand Difficuliies: For fuppofe this Form ofGb-i
vetnment were inconvenient (and yet this is but i
SiippoiTtinn, for, during thefe five hundred Years, n
I'liitli not only imintained us in Safely, but madcrf
viitorious over other Nations:) I fay, fuppofe thq
hftvt an Idea of one more convenient j We'jT
know how dangerous Innovations are, thoijgli t
the better; and what Hazard thofc Princei nnil_
run, thatenlcrprize the Change of a longeftshllfh'd
Gorcrnmcni i Now, of all our Kings that Rive
gone before; and of a!! that arc to fucceed in tbis
ha{)py Race, why Ihouid fo pious and fo good 1
King 1
King be exposed to this Trouble aad Hazard? Be-Aibifi,/
fides ihai Kings, fo diverted, can never do any '*♦
great Matrer abroad,
' But vrhiUl thefc Men have thus bent their Wits
againft the Laws of Iheir Country, wJieiher thay
have not neglefled their own Province ; . and what
Tares are grown up in tiic Field which they ihould
have tilled, I leave to a lecond Confideration ; not
but that Rtligvon ought to be the firft I'hing in our
Purpofcsand Defires, ImtthaE which is firft in Dig-
niiy is not always to precede in order of Time:
For Well-being fuppolcsa Being, and the firft Im-
pediment, which Men naturally endeavour to re-
move, is the Want ol thole Things without which
tliey cannot fubfift.
* God firft afligned to Adam Maintenance of
Life, and gave him a Title to ihc reft of the Crea-
tures, before he appointed him a Law to obferve.
And let me leli you, that if our A^verfaries have
any iuch Delign, as ihere is nothing more eafy
than to impofe a Religion on a People deprived of
their Liberties ; fo there is nothing more hard, than
to do the fame upon Free-Men,
' And therefore^ Mr. Speaker, I conclude with
this Motion, That there may be an Order prelent-
]y made, that the firft Thing this Houfe will con-
fidcr of) fliall be the Rcftoring of this Nation in ge-
netal to their fundamental and vital Liberties, the
Properly of our Goods, and Fieedum of our Per-
Ions J and that then we will, forthwith, confider of
the Supply deGred.
' Thus fhall we difcharge the Truft repofe.d in
us, by [hofe that Cent us hither: His Majefty will
fee thai we make more than ordinary Hafte to falif-
fy his Demands-, and we fhali let all thofe know,
thatfeek to haften tlie matter, of Supply, that they
will fo&rdelay it,as iheygive Iqwwuption to the
former.
, Aiftfirthis, and fame more.Speeches to the tuiit
Pliipofe, it was ordered, upun ihe Q:.iclti(jn, ' To
cui-
* A4< M> c» !• cooCult wiih Hx Lords how to prtveni Innoruioo
>*4a> InMAticnof Religion I alto cooteming the Properly
Ttt CoBiman) oi Goods, ami ihe Libeiiiesand PiiviJcge«of Par-
t*ibi«« to pitfcr liaiDcnl ; the beticr to give 3 prcl'eiit Supply .|o,hit
Crirr»fl«« to Mjjcfty.' And a CoDfcreDce was dcihedaccordiilHr •■
>. iWS»^,i ]y. fiut, T
The next Day tbc Lords Jeot an Atifwcr 10 <|i«
Riqueftc/ theCororaoos, by tbc two Chief Ju-
ftita, impoiting, ' That their Lofd{bi[)B did give
this Houfc mat))' Thanks fur their Rei'pe^tsfbewcd
1^, unto them m tjie Meilage : That the Reafon the
B^ MciTcngets couH cot be admitted, tvat becaufc ef
^^^ great and weighty BuGncis .then before them, thp
^^^ Kuig being there prefent i.but, fo foon ss ever the
^^" Leifure anri Siaie of Aflairs, in that Houfc, would
r pevaic, ihey would fend Notice of it by Mefen-
geiu of tljeir own.'
Wfl muft here look into the Lords Jaumals^ ta
fnd the Reafon and Meaning of this Viliti and
iheie we are lold. That the King came to the
IHoufe of Lords, very unexpeflejly. on this Da^ j
anl fiuing down in his Chair of Srate, wiihom tlb
Koties, he fpake 10 them to this E&cHi (p) ;
My tards,
™l- . I „■ T^^ NtCfffily of calling ibis Pariiameiit, tnein
iT»sp«ch."*** """'"^ ^*" ^<y *''''''■. """■"'■y ts Expt&a-
(be Lorii, IB- tian : Teu reiatmher what she Lord Keeptr jhid epir*
^"- ttrning iht Ottafion of this MediH^s tbi firB and
fitend Day, hut 'chiefly m the Day of dnfirttut ^ :
both l^fn at Whitehall, "the Houft of Commons
didfiem te taie into Confideralien my weighty Affairs^
' but thiy havt. In a Manner, concluded the conirerj (
/or, infitad of pti forming try Occcfims, tn tiit firji
Placet thy have btld Confultation of Jnnevttigm
' , in Religion, Properly tf Oaods, an^ Privileges tf
I Parl'.amint -, and fe have put the Cart btfart the
: Ha'fe. If it was a lime « difpute, 1 jtauld net
* muchjiand upon it ; ittt my Neie^ties an ft urgtnt.
(f) Ml. Sii/hMrfflutb oQutKii ihii Speech,
that
o/: E N ^G' I; A N D: 449
that tbertfon h no Delay, If the Haufe of Com- An. 16. Ct»r; i. '
mons will truft ^/, / wiSmah good what lprom\fei ' '^*''
hy my Lerd-K^eper. As for Religion^ my Heart
and Cofifiiifice, with the Religion nozv eftaHilhed in
the Churth of England, Jhall go together. For the
Ship- Money, God is my tVitnejij I never coftverted
^^9 (f it to my own Profit ^ hut to the end of pre-
ferving my Dominion on the SeaSy nor ever intended
it. For Property of Goods, it is a Thing I never, de--
jigned to moleft: It is my Defire to be Kmg of a
free and a rich People ; ana if no Property in
Goods t n& rich People. I told the Commons^ that if
they would fieedily fupply my OccdionSy ^for thepre^
fenty I would give them further uime^ in Winter, to
debate and prefent all their jujl Grievances. If they
will not truft me in this firfi, all my Bufmefs tks
Summer will be bfl ; and^ before tloe Year goeth about,
I mufl be trujied at laji ; for, in the Winter^ I mull
call them to give me a greater Supply ^ if the Houfe
of Commons will not join to prefer my Occafions be-
fore their Grievances. I conjure your Lordjhips to
confider your own Honour and mine^ and the prepoUe^
rous Courfe of the Commons 5 a?id defire that your
Lordjhips will not join with them, but leave them to
themfelves. I defire you to be careful in this Poittt^
elfe, if the Supply come not in lime, I will not fay
what Mifchitf may, and mufl, follow.
The King having made thb fhort Speech, and
left the Houfe, the Lord Keeper acquainted the
Peers with one Particular his Majefty had forgot ;
which was, That the Houfe would determine, before
they paned,on what the Kinghad propofed to them.
Hereupon it was moved, That the Houfe might '
be put into a Committee, for every Lord 10 fpeak
his Mind, and to be adjourned during Pleafure. Af*
ter long and great Debates, as the ^^^^^^cxpreflcs
it, on the King's Speech, the Houfe was again refa-
med, and thefe two Queftions were agreed upon to
be propofed : ... . '
IVkether the Supply Jhould have Pt eceJen^ and be
fefolved upon before any other Maker wlmtfoever ?
Vou VIIL *^ f Wha^
An
450 TIjc Tarlkimeniary His TO IT
. ;6. c*r. I. Jll^ethr iUre fljould be a Conference deftred with
lu+j. tbe C:mmsns, in order fo difpofe them thereto ?
Thcfc were both carried in the Affirmative.
And ?. Meflige was fent to the Lower Houfe for-thc
laft named Purpofc ; as is before related in tbeir
Jcurnah^ to which we now return.
The fame Day that the King came to the
Houie of Lords, the Committee of the Cbm-
mons, appointed to prepare Heads, or Indu£tiom,
for a Conference, delivered a Series of them to the
Houfe.
• Rajlzvsrth hath given us a very loofe and im-
perfect Account of thefe important Matters^ and
the Kefolutions of the Houfe thereupon ; befides
commitling a great Error in placing them, iti bis
Diurnal, two Days after the Conference was heM.
To fct thefe Affairs in as clear a Light as poffible,
bL'csufc Things were, again, growing very critical
herwecn King and Parliament, we (hall give them
p.t length, as ilicy are entered in the yeurnaU of
liie Ccmmons,
INDUCEMENTS..
I. Concerning Innovation in Matters of
Religion.
Heaas of Grie- I. ' Thc Commiflion that was lately granted to
vanoH; prepaicd the CoHvocation- Houfc. Tlic rather, becaufe
by ibcCummrns. ^f. ^j,^ innoviitions brought in and praftifed,. wheo
there was no fuch Commiflion.
2. * The Complaints ariiing from Petitions
brought in from feveral Counties, by the Mem-
bers of the Houfe, againft Innovations in Reli-
gion.
3. * The molefting and depriving of go-lly and
ronibrmable Minifters, for not yielding to Matters
enjoined v/iihouc Warrant of Law.
'4. ' Thc publifliing of Pffijh T
ted [Jryoks, Sermons, and DifputatiuiiS.
5. ' Rpflraining cc/nform..bie Minifters from
rr;.';;ch;i!£ in their o\vr Charge*:.'
.|. * The publifliing of Pf][yh Tenets, in liccn-
*• - '
II.
> Of 1£^ N GO. A ^ D. 451
II. Cpticerning P R q pe R t Y g/^ G o o p s. ^°- '/^•^*'* ^•
1. « Monopolies, and-Rcftraint of- Trade.
. 2. * Ship- Money. . .
3. * Enlarging the Boundij of Jorefts beyond
what they have been for fome hundred Years laft paft.
• 4. } Military Charges, vii;^ Coat and Condudt
Money, Wages, Arms taken from the Own^ri,
fprcing thQ Country to buy or provide, at their
own Charge, Horfes and Carts, by way of Tax»
5. ' Denial of Juftice in the Courts oiWeJlmitt"
JUr^ to. the. Subjeft's Prejudice, in point of the
Property of his Coods..
. 6. * Frequent Impriibnmen.ts and Vexations for
Nonpayment of unwarrantable Taxes, and not
. fubmitting to unlawful Monopolies.^
III. JiiBERTiEs and Privileges of Pariia-
MENT.
1. • Punifliing Men out of Parliament, for
Things done in Parliament.
2. * That which is already voted in the Houfe,
concerning Privilege of Parliaments
3. * Sudden Dlflblution of Parliaments, with-
out Redrefs of Grievances.-^But this was laid by
for the prefent, and not put to the Queftion.
I^fl^^ * As that which relates to all, and is a
great Caufe of all our former Grievances, the not
holding of Parliaments every Year, according to
the Laws and Statutes of this Realm.*— r— This al-
fo was put off for the prefent.
Rifolved^, upon different Q^ftions^ on each par-
ticular Article of the firft Charge, relating to Reli-
gious Matters, * .That they fliould all be made
Ufe of in the intended Conference with the Lords.'
—The fame on the fecond and third, except the
two laft Articles of it, which, were deferred. to
another Opportunity ► . .
April 2$^ h^xug Saturday y while the Commons
were employed about fome Matters of left Moment,
F f a ihey
Jhc *ParlTamhttaryn.i^6\
fcir^
i^c«f. 1. [hey received a MtlTagp (rom che Lord§, l?y,tiifi>of
"♦**• the Judges, ' That his Majelly having been jlea-
fed JO be in theit Houft: Yellerday, and ibme. Xlc-
-■.cafions hivini^ rifen froni thence, on whic^ fbine
rtl Debate had happened, their Lordlhips' defired, a
I'ifpcedy Confeience with a Comnjittee of "bdth
o'HoUfes about the fame.' A CotnmiUee of ,ilie
'Commons were inftanily appointed, who>irereto
Jfrr^tifad ,the Lords, ard make a Report of the C&i-
(Klifcreacc On jt/jWdji Morning (f). , - , ,
' , ''"■'' ."■' -■'.".
r.-f -.jfpriizy. Tiic faid Report was made, to the
« 'Commons by Mr. Herbirt, [he Qyeen's'SbllTcftor,
ro Ibis EfFefl i repeating die Heads of the Kuig's
SpcL-ch, at ihe Conference, and what the Lord
Keeper I'ubjoin'd to it. -The former has alfeady
been given at largCi and the lacier, being much
better djgefled tn ihe Lsrdi Joumahy we ittoU add
Ircm that Authority. ' _ ,.
■atif, II a < The Lord Keeper acquainted the Ccnimons
^""^^^^^_ with the Effect of what his Majefly faid 'to 'the
ofSuppiyjI-ords the Ujy before, and at the Meeting at
If-'hilehalL He alio put thcni in mind of Jfhat
waj laid the firft and fecond Days of this Parliamem ;
and Um the King hjd laid he would make it
all good- He told them. That his Majeftj's Af-
fairs would admit of no Delay ; but leqmrcd a pre-
fent apd fpeedy Supply, He let them know the
great Diftemper [hat Scotland was now in; that
the Scuts Aimy had pitched thdt Tents \t\ the
-.'Fields near Duncct and had taken four ^tighjh
Troops; and threaten the Invafion of ^or thu/ri^gr-
(j,^,ji/ ■< 'Lin /L\Tbdl the Scsis had put themfelvcs under the
■ Protection of the FieNch King : That his Majefty's
Honour is concerned in this Bulinefs ; which he is
determined to uphold as hi? Life.
•. i;iiat there is a NeceQity to i;ufl:, Ws Majefiy
... at preleat^ yet he muft Uuft them hcrealtpr ; ihaf
5il ; , . ,,- , , „ , _ he
f}} ThfcDjy w.
Upafncf Qmmaiis,
he will not break his Word with them; and tharAi
■fielay was as bad as Denial ; and Time loft canaoi
lieTecovered. They had the Word o( a Kirgj and
rot only fo, but of a Gentleman.
* For the three Propofilions, -viz. RtUgion, Pro-
perty of Giodi, and Privilfges <f Pariioimr^^ he told
them, his Majefly would gracioufly hearken unto
them, and relieve them ; and give them what, in
Reafon, can be defired.
' ^QxRsVgisn: He faidi his Majefty'3 Heart and
Confciencc would go togptlier j and thai he ivill
die in the Religion of the Church of England. That -
Ship-Msney was never Profit to the King-; for he i
fpent that, and more but of his own Revenue, t» i
preferve the Dominion of the Seas; and' if they '
would put the King into any other way to fecorq "
the Seas, lie would heartliem.
* La^iy, He told the Commons, That the Lordj -j
had voted and declared, as their Opinion, That bis (
Majefty's Supply fliould have the Precedency, and j
be refoived on before any other Matter whairoeveri
therefore he defired the Hoitfe of Commohs to go
^ 'on with ihat firft, as that which, i,n the Opinion of
'ijie Houfe of Lords, Is held moit nccefliiry. That
their Lordihips in this did not move Subhdies, bur
[ father declined it, and only gave their Ad vice there-
in;'. That this being done, their Lordfiiips would
Ije ready to ioin in any Thing for carrying ou ilie
^,§ther great Bufineis.'
^' This Report of the Lord Keepei's Sppcch being
' 'maiie in the Houfe of Commons, a long Debate en-
fcjed upon it ; and, at laft, they came to the follow-
yig itefoluiions :
\ ,,_i.'./!f/S/iif.f, upon the Qiieftion. * That hythewhichtheCom-
' me Matter propounded, in the Lite Conference with mom vote tohci
' ffle i-ords, the Privileges of this Houfe are violated .'f,'"'^ ot theic
„r %., Re/ahsd, upon the Qiteftion, ' That the "''"^'-'
.'■ Words now read by the Solltcitor, were a faithful
_'',^J true Report of pan of tljac Conference bad
■ with the Lords ; and that the laid Words fnall be
';,."^t^5^.'V'.-*e Journal:: •
w
ffv. ti. CiT.
454 ThyTdrlraffmtf&yii^rSl^
, 3. Refihed, upon the Queftiofij * That thifi'
I<ord{hips voting, propounding, and declaring cdn-
c'cTning Matter of Supply, in fuch Sort as is con-,
laincd in this Report, before it was moved froni (Wi'
Houfe, is a Breach of Ftivilege of this Houfe'.* '
And, afrer ordering the hit Seflbn oF the' Rif
port 10 be read once moie, it was further RejoHltit
* That a fclefl Committee fliould be appo'mlcj W"
confider of this Day's Debate and Refoluiions ; airf
to prepare, in Writings an Addtefs unto the Lords,
for righting the Privileges of this Houfe.*
The next Day, after hearing Tome Eleftion-
Matteiscanvaiild over, the Commons agreed and
approved on an Addrefs to ihe Lords, and that Mr.
Pymm ftiould go up to that Houfe with it ; which
he delivered to their Lordfliips in Manner roliowiiig :
THat at the lad Ccnrererce, by a Committee
of both Houfcs, it was admitted by your
I.oiilfhips, Thai Matters of Su'.'fidy naiumlly be-
long to- the Commons; and that your LordlTiipj
would not meddle therein, nor give Advice in it,
but had declined it. That, notwiibftAnding this
Declaralion, your Lordftiips have meddled with,
and adviied concerning boih the Matter of Supply,
and the- Trme when the fame Ihould be made:
And this before fuch Time as the fame was movej
toihem by the Commons, as appears by yourLord-
fliips Declaration, ulS, 'That you had voted you
* held moft neceflary and fit, that (he Maner of
' Supply fliould have Precedency before any other
' Matter or Confideralion whatfbever: And there-
' fore riefired that Conference wiih the Commons,
* to let them know your Lordfliips Reafons for it :
' Which being taken into Confideraiion, and done
* by the Commons, your Lordfhipa would freely
' join with them in all that concerns Religion, Pfo-
' pcr[y of Eftate, and Privilege of Parliament.'
' That the Courfb this Commiitee did ofFer for
Repair of this Bie;ich of Privilege, was. That your
LordfhifJ would, in your Wifdoms, find out, your-,
feWail
0/ EN G LAND. 4SJ,
felyes, foepe Sort of Reparation, and of Preven-An. 16, Car. j.
tion of the like Infringement for the future. And . ^Hoi'
whereas the Commiitee wis iridiiced to conceive," '"*
that your Lordfbips had been informed" the Com-
mons had entered into Confideration and Debate of
the aforefaid Matters of Religion, &V. and that they *^
were, to have Precedency before Supffy^ which
might occafion your LordfliipS voting as they had
done ; they humbly dejGre tp prefent the fame to
your Lordfliips, in Words to this EfFeft :
* That, in cafe your Lordfliips have taken No« "
tice of any Orders or Proceedings of the Comihons,
concerning Religion^ Property^ and Privileges^ and
that they were to proceed to the Supply ; which they
have fome Caufe to conceive by thefe Words,
* That this being dpne, your Lordfliips would
* freely join with the Commons in thofe three
* Things;' For the avoiding all Mifundcrllandings
between your Lordfhips and the Commons, for
Time to come, they deiire your Lordfliips, here-
after, tp take no Notice of any Thing which fhali
be debated by the Commons, i^ntill they (hall,
themfelves, declare ths ilime unto your Lordfliips ;
which the Commons fliall always oblerve towards
your Proceedings, conceiving the contrary not to
confift with the Privileges of either Houfe/
The Committee being returneJ, Mr. Pym in-
formed the Houfe of vyrhat he had done and deliver-
ed ; and that their Lordfliips Anfwer, at prefent,
was, ' They would fend one in convenient Time.'
It was ordered. That the Thanks of the Houfe
fliQuld be given to Mr. Py/Tz, for the good Service he
did them, in his exadl and faithful Delivery of '
their Addrefi.
We fcall now fee how the Lords relented this
Biifinefs : And we are told, by their Jcurnah^ That
when' the Lord Keeper had made a Report to the
Houfe ( April 2().) of what was delivered by the
Coniinon?, at the Conference the Day before, their
Lord"*
Sm-o
I
^•Ohi t t,(itd(*lp« tutewdimoa long and feribuB Dcbaa
*^*fi- upon it, and afEcrwards catWc to ibc following Re-
WmioB, 'That by iheir Lordfhips firil voling,
7tiy wert 6f Op'aam she Mttita- cf his Majcfty^s
Sapp)y fij4uiiJ'kne Prf{fdin:y, and be rtfokxd^taht-
of ihe Privilege of tlie Houfe cf Cotnmqns,'
The next Day {'if>'-i! ;iO.) the Lord* paflfcia-
llridiet Vote, lo tne fame Purpofe, • Thar icwai
chthcUnhjjo Breach of Privii<ge of ihe Houfe of Common-,
"■ for their Lotdfhips to hear what his Maiefty decU-
red to them, and thereupon to report ine fame to
the Houle of Cotnmors.' And, in ortJer tobi
more i\ble to Kipport thefe two Refolurions, ihc
Lordi ordered. That Notice fhould be given to ihe
Keeper of the Records in the T'm-ir to attend the
Houfe the next Morning, with ihe original Record
of Ihe gih of H^nry IV. concerning the Indemnity
cf tile Pters and Cominoiis (r). Likewife a. Com-
miit^ of Lords was appointed to meet that After-
noon, in the Council-Cliamber at lVlitfheS,\o
ptepaie and draw up Heads for another Conference
.■with the Commons about this great AfF^tr.— ^—
But 10 return to that Body.
April ag. After fome Bills were read, and fome
other BiifiiieUof iefs Moment was done. Sir //Sir
Etk reported from the Committee, appointed lo
prepare and give DirciSions for ilie managing of s
Conference, to t>e dcl'ired with the Lords, about ihe
Matters containeb under the Heads or Indticemtnts,
' before mentioned t That they had thou^t fifto
al^gn three Men, for ihe Charge of the three Heads :
Mr. Py" for the firlt, and lo make an Introdoc-
tion to the whole BidinaJa : Mr. St. Jthn for the
liiCOntJ i whodefired. That, in regard of- the. hrge
Extent of this Head, another might be-join'd with
him to undertake the Charge: And M.t..HslSgrn
{an tlie ijiird.
■ ' .- ^ Upon
;e.i 1
(rj Sc: rliii in our !naai Volume, p. loji
r:0f '.ErK-fi-st-A^N-Di 457
KTpon Delivery of thisRepori the following Par- An.
lars were, by Queftioo, rtjehied upon.
.. ' Thai, in tbig' Conference wiih the Lords,
■inete ftail be a Profeftalion and a Saving made, to
prcfen'canii keep entire the Right of the Commons,
not to be bound by any Canons, that are or ihaU be
made, upon any CommifRoti granted, or to be
granted, to ibe Convocaiion, without the Confent
of Parhameni,
2, ' That, in the faid Conference, One He»d
fnall be, touching the Removing of ihc Commu-
nion Table, in Pirifh Churches, and Chapels in the
Univerfitics, and placinj; them. Altar-wile, at the
Eaft End of the faid Churches and Chapels, clofe
to the Wall. ■
3, * That another Head of this Confmnce fhall
be, the fettingup of Crolles, Images, and Crucifixes,
in Cathedral and Parochial Churches and Chapels,
both in the Univerfities, and divers other Places of
this Kingdom.
+. ' Another Head fhall be, the refufing to ad-
miniftcr the Sacrament to fuch as will ndt come up
to the Rail before the Communion-Tablc, ftt
Altar-wife j and excommunicating fome for not
doing of it.
5. ' To be the maVing and enjoining of Articles
- at Viiiiaiions, without any other Authority than
that of the Bifhops of the Diocefs.
6, ' That, in this Conference, another Head
ihall be, touching the molelling, ftifpending, or
depriving of many godly and conformable MiniJ
fters, for not yielding to Matters enjoined without
Warrant of Law ; inftanclng fuch as have been de-
prived for not reading the Book for Recreations on
.S-iinday!.
sfb 7. 'That, in this Conference, one Head Oiail
:j^i)e, touching the Pleaching, Prmtingv and Doler-
I'mining of and (or Pepi/b Tenets, contrary to the
■■ Doarine'of the Cbnrch of England.
B. ' Another Head to be, touching the Enjoin-
: ingand Preachine o' Rowing to the Alrar, and the
Enquiry lur the Doiui;, ot not Doing of it.
9. ' That
1
I
I
utAem.U 9' * Tbatb in ibis Conference, anoiherihall £«
1^40.' concerning ijic ReftrHining of coDrormablc-Mintg
ftcrs from preaching in their own Charges. -,
Lajilv, li was njhivid, ' Thai, in this Confe
rcQce wiih ihe Lords, there 0iall be a Refervatiott
10 the Pjrties, appginled 10 carry i[ on, of futtha
Litierty to add more PanJculiii as there fluU \ '
Oceafioo-' . _ . , ., ,
, Mr, Ri^Mir(b.k\iom\s usi That CfaU grand Geat,
Kfeience, on (o lOiwiy exlraordinaiy Topics, was hfjj
aa this Day ; bul it docs not appear fo hy either o,_
the yturiialf i on the contrary, ilie lath ThJnfo
ente'ed there for this Day, is an Order 10 go oa#|
, .. , . (he nexi Morning wich the Debaie upon tl» Rp« >
port, wfiefs itiwas then lefi off". Neither is'ifacri;
any ter,iainiy of ihis panicular Conference beli% j
l^d at all in ihis Seilion ; the Ditference tbcn.liit>^||
iHiiiig ttciween the twoHoutespreveniing it. ' , J
^pr'd !io. Nothing mtiierial was done, excepc^
fome Debates on ihe Legality of Ship-Moxeyi and,-,-
a Rcfolulion of ihc Commons, That the King'& '■
Counfel may be heiird tbeie, as foon as they- arg.^
ready, concerning the LawfuJnefs of itj ^i(^^gH
other Matters relating 10 that Enquiry. ' j dH
May I. Whilll: the Houfe of Commons wasat-^^
bating about giving an Admonition to Dr. Beale^
Mafterof St. ^'''^^'b College, in Carnhridgey. coa^'^
cerning a Sermon he had preached againft the P^r\'-ii
ritans { a Meflage was brought from ihe Loids; to^
defirc a prefent Conference, concerning fomewrlifl^tt
that fell out in the laft. The Houfe was divide4,a
on this Melia^e, and the Qiieftion being put, Wh&^S
iher lo agree to this Conference, or not i it pa^ed. ■
in the Negative, 257 againft ^48.
- Rufbwmh tells, us, That this Divifion of the Houfe'
difcovered tha Temper of it; (or the Majoriiy,
t ha^ voted againft tlie Conference, were for Redxefi
cf QiieViiiiiis before the Siip^lj^i.^^ifj^^^i^dfi^^
I
/iiequaint ua, That Tobn after ihe Conference wasAi
I agreed to, and the Treafurer of the Houfhold
t 'fcnt lip [o intorm the_ Lords of it j tho' lie has gt-
yyen us the Lord Keeper's Speech made at ihis
I Meeting. The Colkii^r h very faulty in his Di-
Iqhial of this SelRon ; afcrjbing Fa^s to be done
I oft one Day which happened on another i which
I *re, from the Authority of the Journoh, have cor-
[iSifled. The Speech, before mentioned, for which
rtllis Conference was defiTed, had been reported and
[ agreed upon by the Lords ; and was delivered to
T rtie Committee of the Commons, by th4 Lord
L Keeper, to the Effefl following:'
I
:m
Y Lords have commanded me to let you Th* LotJi, s
Itnow, that the Defire and Care on your '^"f"'""- i
■ Pitrt at the lafl Conference, represented unto ihcm ^tcStt,-"i
f ftft" preferving a good Union and CorrefpondenceSuppiy,
f-J)etween their Lotdlhipsand you, is by :hem enter-' ■
lained with all Refpeft, and requited with all
good Affeflion; as that which is the bell way to
bring our Confultations and Refolutionstoan hap-
py liTue, to give his Majefty a dutiful Account of
our Zeal and Forwardneis in thofe great and
weighty Affairs, for which we were aflembled ; and
to further thofe liViiied Proceedings that may tend '
to the Happinefsof this Kingdom, and the Con-
tentment of both Houfes.
' Their Lordfhips well Itnow the gre:it Privi-
ledges belonging to both Houfes of Parliament, of
which they and you alike participate? And they are
not ignorant of thole that arediftinflly proper to
each Houf'e: What belongstoyoaofthe Houfeof
Commons, they never h;id ihought !o impeach or
diminiih in the leaft Kind; and what they may
juftly challenge to themfelves, they prefume you
will not attempt upon ; fince you cannot doubt but
they will be as tender of i heir Honour in the Prefer-
vaiion and Upholding of their own, as they are and
Jhall be caiefulnot invadeor violate any ofyours.
' Tfiij, their Lorddvps commanded me to tell
youj will bell and moitclearly appear, by the Courie
that
r
460 T6e^ar/iatsentary HiST<itiT
An. T«. Cit. I.thai hath been held in iheir own Houie, nai bf
• "*'■ Theiir ProCeediHfq with you.
' Their I>or>Jlhips, u in Duty and AffeifliQn to
biJ' Majefty's Crown and Government thay are
botmd, took into ferious Coniitleration the great
and weighty Motive of his Majefty's calling us Wf
gethet at this Time ; the great Kviis and Calaniiti^
' lliat hsng over our Heads, and the apparent Dan-
ger this kingdom is like ro run into, if, by fpeetjy
and fitting Supply, his Majcfty be notenaUed B>i
prevent it f
- • *■ TTiefe, «'ith other Realbns inforcing how un-
TopponabJe Delay and Proiraflion was, and how
impodible it is for both Houles to recover the Lofs
■qf Tiflie, ina Mailer of fo urging and pTelSii{.-Coo-t
ftquence, Vi^tfrey by his Ma jefty's Command, deliffsr-
cd t[) their Lordfliipa and you, boih ia the Lcunls'
HoBie and in \hz Banquetthig Hmfe a Jl''hii£kalli
"hi* Majeftybeing prefent.
'■' His Majefty, I f.iy, at both thoie Times, ex-
, prefled his gtaciousand printrtly Deltre to do all that
from a jufl acd a grarious King might be expefied ;,
whereby-ihij Parliament might have an hippy pnd
Meffrf Conclulion, to bring Joy and Confolatiwvip
his Majelly and all hisSubjedta. He loJd you, that
all your juft Grievances {hould betracioufly h^^id
and relieved ; that he would therein let yw* fe^'iit-
no Lofs of Time; [hut fyr the prtfent, hefor§ ym
flirted, ynti J})i>uld havs:, without abridging, as much
lime as the Seajm and great Affain in Han4 wfuM'
p^bly pfrmil ; and, what ysu attid iiot itaw fi^^er^
yaujbeuld iuve Timt towards IVtitler lago thro' witK\
, ■ ' Their Lordfljips were Wittiefles, that his Ma-j
jefty gave his Royal Word herein ; and, for their
Parts, lodge it in [heir Hearts with as much Truft
and Confidence of his Majefty's Royal Perfoi-
roancei, as ever Subjefls did.
Not lonp after, his Majelly was pleafcd to honour
tie FjordsHoiife wiihhiiPrefencc again ; lorenpw
iheit Remembr-irK'e of all thai before had beep de-
livered to horh Houlea, both fori lie Neccility of the
I i^ppJy ddired, mth m lo^&biltty of/admitung,
-•t^_ Delay 1
1
I
1
Delay 1 andTheClearntfeof liisMnjefty'sInteniioTHii.
and Refolutioiis to give all juft Salisfaftion to
<¥/hat, with Reaforr.'.touidbedefired of him.
' * His Majefty then toek Notice lo iheit Lordr
fhips of fomewliat iflat ted ; been voted ia your
■HoufeconcerningReligion, Property of Goods, and
4)iberty orPadiamenlj whereby his Majefty ojh-
eeivedthc MattEi'of his Supplies fet .ifideriviiichhfe
ibad fo often, and with fuch Weight of Rrafon, de-
■Sred might have Precedence; afier veijf gracious
Affurances to their Lordlhips of his Majeftyi's con-
-ftant Affedlion and Zeal for ttie ttwc Religion, for
I '^reveniiiigall Itinovation therein, of his Jo often
L^feerated Promife to give a gracious Ear and jufi
■'-Relief to all yourjult Grievances; exprellijig his
Royal Intentions in that of Sbip-Matayt which he
'found !o much flood upon.
' He was further pleafed to defire their Lord-
Clips, {3s Perfons in iheir Ranks and Degrees near-
f -fcft to him in Honour, as much and more concerned
t 'dian others ; and, in the Safely and Profpcrity of
r^fcis Kingdom, at Icaft equally iniereflad with rhc
l-^*dl of his Svibjefts, in a Cafe of this great and im-
tertant Weight) ihat they would, by their Coun-
r-ffel and Perfuafion, inciine you of the Houfc of
I ticommons to give his Majefty a fpecdy Anfwerand
WRcfolucion, in the Matter of Supply.
^'- * Their Lordfhips tookthi? his Majefty's Defjrc
t^tf) fcriou5 and dutiful Coniideration i and, after a
cat and Iblemn Debate, [hey refolvedi thai their
(pinion was, 7"^!?/ the Aliitier ^ bh Makjh's Sup-
y flxu}d hm)e Pre^editicy, md he nfihtd ^f hifare
IMt oihir Matter ivhatfotver \ and did ihink fit,
"tere Ihould be a Conference dclired with yoa of
; Hoafe of Commons to dilpofe you thereunto.
knd this was all tiicy then vutcd or cohcIiuIk), witli
(fhich other Conference their LordQiips flLquainted
: This asTlTivasjuff and hcno:irah]e for them
0 do. fo it neither extended the Bounds and Limiia
F then- own Privilege, nor narrowed or liraitned
"iky of yooKS. And yet at the laft Confeience
^WWch-ltreir 'LordlhitiH.at? apt and willing to be-
li'.vc
I
4ti)i 7*f 'Fartf^menttaipj ^i stort
l^.t-Jievfl, proceeded lailier from (Qme Mijlaking thu
'* gny latciitioa W lelTen 'lieif, ar caUrgeyour own
Priviktigcs] it was urged in youi. Name, That thi
Vaung eflhii wm a Bread) of yeur PriviUdgft ond
that therein thdr Lordjhlpi bad been tran^arud, be-;
yond thifi Beuadit w/w^ they bad fet it thimfelvei j
iieiaufti in tljeirjarmer Omfirtiue, their LsFd/hipi
bad adniiittda thai Matfer of ^Supply eagbt ta hgir
ven in the Hiu/i if CatnmMs, as /taturally iitlmgtas.
ti ihot Hmfii an.i wherein their Lard/bjpi would nit
iitiddlii ,*» HSt fi much m ta give Jdviu: Audyil if
yefi/ig what tbey did^ had-, fi» only meddled, in .Matttf
sfSitppiy, iut Si far ai in lIxir.LordJlilps lay^, i^
(omhtiUd both of Mauer and O.rder tf Pr^eedit^^
for wimb ym demanded Reparalisn from their Lsrti'
jhipi: Herei»,.,rip commaaded. ,by llieir Lprdihips
to let yoa kiiow, that they have iiciihcr varied not
been iirjnfporied fioiii ilieir own Boundsj not
voted j(iiy tfiingcmitraiy lo your Rigfiis aod Prii-i-
ledges, or lo Uie admitting of thcni at that Con-
ferente^ which, is. .pretended. For their Lordflttps
did aiiddoadrait, Thot the BiUofSuhfidieseitghita
have lis Jneeption and BegiKtibig in your Houfe ; and^
that when it imei up to tktii- Lordjhipi, and is by tbtnt
agreed untt, it mu/i be returned back to you j and bt^
by your Speahr , pi-ejenled.
* And therefore, as they do difclaim any.
Thought or Ifiienilon of fuch Beginning in their
Houfe i lb ihey did, at their Debate and Conferencfc
with you, diiclaim to meddle with the Matter of-
Sublidies or Supplies ; that is by naming the Tiaw
or Number, or any fucli Circumftances incident .to
the Bill, which ought to begin with you; oribere-'.
in- to give you any llie lead Advice, but onljt,i6
confer and i^Ik with you about Supplies in general. >
For, to give you their Advice therein, they do not»
nor ever did, hold derogatory lo yours, or cxcecd-r.
ing the PiivileJges of their own Houfe; lince as.
you frequently impart your Grievances to them, (o^
it's all the Reafnn in the IV'orjd [hey fhould com--.
niufticate Their, FcatF and FofL-ligh!^ of Dangers lo
y'ou : .Tkjr Loidiliij)! bgin^. fl Jiojy, that moyeth.
' Of ENGL AND. 4(?3
in an Orb nearer unto^he Royal Throne than you ^n. 16. icar:
do ; and thereby the likelier 10 Communicate in the 1640.
Counfels and Secreta of Stkce ; and^ for their Per-
fons and Fortunes, at kaft as confiderable in point
of Danger.
^ Their LorcKhips are not ^unacquainted with
that EftabliQiment in .Parh>ment, which was by
you^ at the Conference, ftyledj The Indempmiy if
the Commons ; but it is indeed the Indmpnity ofthi
Lords and Commons ; and fo ftyled in the Record
itfelf. By .that Record, made at Glocejier g Hen. IV.
itappears there was a Conference between the Lords
and Commons, about the State of the Realm and
Defence of it ; after which the King demanded of
the Lords, What Aid was fit to be granted ? They
faid a Tenth and an Half in Cities and Boroughs,
and one Fifth and an Half of others, a^d a Sublidy
of Tonnage and Poundage for two Years. Upon
which the King fent to the Commons, to fend up
to him and the Lords, twelve of their Company ;
when they came, »it was by the Kings Command
declared, what had been by the King demanded of
the Lords, and what the Lords Anfwer thereto was ;
which the King willed to report to their Compani-
ons, that they might with better Speed conform
thcmfelves to the Intention of the Lords. — This
indeed the Commons were troubled at, as being a
great Derogation to their Liberties i whereupon, to
prerent, for the future, any thing that might turn to
the prejudice of their Liberty, or againil the Liber-
ty of the Lords, It was eftablilhed, %at itjhouli
always be lawful for the Lords to commune among
themjihesy in the King's Abjeme^ of the State of tl>e
Realm^ and the Remedies needful \ and Jo for the
Commons among themfefves. Provided always^ that
neither the LordSy or Commons^ report to the King any
Ttings granted by the Commons and q[piTded to by tl)e
Lerds ; nor the Communication ofit^ oefore the Lords
and Commons be agreed^ and then be repfcfcnted by
t)^ Speaker ^ the Hmfe of Commons,
. * This is the Subltance of that Eftabli(hmenr,
which only bath Relatlaji to the Manner of i>refeni-
jr.jT
\
p^ —
lB*>«^<^ (■ing-Suhfidiesud AuU tu !'. ■i-.-.^tim
■ '*m Knowlcds: of them. ■■.d': tMe
Word that bm» ihe Lcf.. .s from
confertiugibouc liiemi Toil ^.^i^..^ uEv.i,i(es, that
I both Lords and Commons, in their ibvwai HouJes,
may equnDy treat amongli themfelvcs of the Dan-
gers iht Kingdom is in, iod of [he Way 10 remedy
them. This my Lcwds have well weighed, and,
are latisFieiJ, verifies their l*roce«)ings to have beea '
acconiing to ancient Ufagcand Qiltom,as they are
grounded upon juft and wdghty Reafons,
* Many other Reafons their Lordfhips have, to
juftify ihdr Proceedings in this Pari-icular ; but tbcy
conceive this ReconJ, alone, mentioned by vour-
fclvcs, will gire you hercm abundant Saiisfadljonj
and plainly fljcw that the HoLji'e of Cummutu bad
no Caiife to demand Reparation herein from their-
LordOiips. , '«
* A fecond Thing eiijeftcd, wherein th«r, h<ir6^ "
fhips have been faid to have broi;e another gneit ''
Privilcdge of the Houfe of Commons eflabiifhcd by
that OidBiance, which I have mentioned before,''
is, that their Lordihips have t^ken Notice of fbme ■'
Proceedings in the Houfcof Commons concernit^-
three Particulars, f/3. Reilgicn, Pmperty 0/ G(nks, "l"
i3n{l PrhAlidgt if Parliament. To which ^lJeii■
Lordfliips h J ve commanded me to give you thisjuft
and honourable Anfwer. ■ --• ■
' Hia Majefty told their Lordfhips, you hadJlQ' '
folved fomeihing concerning thefe three Heads^ '
and, by that way of Proceeding, preferred Grie\'Sn» ■
ces before Matter of Supply. How his Majefli^
knew that you had lb relolved, belongs not to their
■Lordfhips to enquire into; their LordQiips ni( '
meddling wiih any thing ihat others fty to the '
King. But as to what his Majefty feid to their I
■Lordihipi, and what their Lotdfliips heard his Mat ;»
jelly declare to them : Certainly for tbem* '
thereupon, to report the fame to (ha Houfe^ef " |
Commons, their Lordfhips are fo fat from ^olditi^
it any nimimnion,or Violation of your Priviledgti ; , '
tbUi.^o tbe^ntnryi in Duty 10 hl^ Majefly they '
" ' . . . -CliuJi
Of ENGLAND. ^65
could dono othtr: And rtie Communicating it to An.
you, in ihai Manner, ihey ihinfc rather merits your
Opinion and Belief of their AfFeflions toyou, and
Defire of Cortefpondcrce wiihyou, than any other
MilconftruiSion whatfoever.
' Aa to that which you called the Indavpnity ef
the CouimiDis, it haih no Word in it that can be con-
ftrued to make any Breach of your Pri»i!edge. '
Therefore, their Lord(hif», hiving thus cleaied and ■
juftified their own Pioceedings, and freed them- .
Selves fioin any Imputation of invading your Li- ,
berties, cannot but return lo their tirft Grounds and
ReMutioD; which were, in all fair and affe^ionate '.
Manner, lo (lir up in you the juft Confideration of '
thofe great and imminentDangers that threaten this' >
Kingdom at ihis Time, and how dangerous and ir- "
recoverable Delay is: And wiihal to difpoleyou to "
lake, into your iirit and belt Thought, the Mat-- !
rer of his Majefty's Supply, and give him a fpeedy
Anfwcr therein. '
' This, their Lordihipsarcconfident, will be the ''
Means to prcferve and continue a good Union and '•
Undetftandingbeiween their Lordfbips and you;
to malce this a happy Parli-iment; and to avert the '•
pjblidt Calamities, that menace the Ruin and O- '!
verihrow of [his famous and renowned Monarchy.' . •,
\
May 2. VVhilft ihe Houfe was preparing to hear
the Report made of Yellerday's Conference with
the Lords, ihe Treal'arer of the Houfhold, Sir
Henry ^ane, delivered a Mellage from the King
to them, which was read in hs;c Verba -,
' That his Majefty hath, by divers and f^ndry^ .j^.^^ ,
' Ways, acquainted this Houfe with the urgcnttheKingioiiw
' {.Wjceffiiy if Supply, and with the great] Danger, O"'*"'!"'. « ,
' inevitably, . to fall upon the whole State, u[>on'^*"'^''fP''^
' his own Honour, and the Honour of this Nation,
* if mote Time (hall be loft therein. 'i
* Tiiat, ncverlhelefn, his M:TJefty hath, hither-' *
• to, received no Anfwet at all j though, hereto- tt
^66 7^ TarMamerif fity Hist OKY
•.•■i.£u. V fore, his Majcdy had tolJ the Houi'e, That a
»**>■ • Delay in th'is Cafe Is as deftruflive as a Denial ;
' and dolhagain delire them lo gjve him a preiem
* AnCwcr concerning his Supply ; his Majeily be-
.^i.ing ftili refolvcd, en his Part, lo-make good
*_^hatfotvir h haih prsmifid] by himfelf or ihe
•,^Otd Keeper.*
'^n ihe receiving ihis MeiTage, the Hotife pre-
fentlv refolved iilelf inio a Committee, fftHiam
LfnthaU, Efq; In the Chair. Bui, though a De-
,haBe enfued on the Melljge, which lafted 'tiU.Six
o'trloclt at Night, they came only to the foltowJjig
Refolution. ' That, bcciufe of the Difiiculty of
ihe Matter dtbated, ihere fliould be further XEme
granted to the Committee, to begin it again on
Mulda-j the 4.ih Inftant, at Eight in the Morning.
And that the Traifurer, Comptroller, and Mr. Sc-
uetity If 'i/jMenk, beintrcated, from this HoufCf
to acquaint his Maj^lly with this Order.'
May 4. Mr. Trcafurer scqoainied the Houfe,
Th,it thev had made known to his Majeity their
Order of Saturday ; in Anfwer to which, the King
bad fent another MelTage, which was alto lead iit
there. WordI :
je . • Whereas, upon 5i7?a/-i/i7y laft, his Majefiy was
'■' jJeafed to fend a Mell'ige to this Houfc, defiring
'. youiogive a piefent Anfwer concerning hisSup-
' -ply^ ; to which, as yet, his Majefty hath had no
''otlier Anfwer, but that, upon ihis Day, you will
' again tale it intofutthei Confideration: There-
* lore his Majefty, the belter to fscilitate yOurRe-
:*. fp^utions, this Day, haih thought fit to )cl yqii
■' '. Jmow, thrrt, of his Grace and Favour, be is pie*
~ *. fed, (upon your granting twelve SubCdies to bt
' iweftritly paiFed, and to be paid in three Vears,
' wJtii.a Proviib [hat, jc (ball not determine tha
'.t-e/liom) not only, for ihe preTent, to Eorbear
' the fuiihet lewin^ of siiv i'J^;)5-^/i;Hn', hut will
* al/o
^
^ klfo g\yftVf2cfio the trtterabonihing of it, byAirri^awf
* any Courfe that jfotiriaycs (ball Kke beftl •^'
• And for your Oriet^?h(ie$, hb'.Majctty ivrll
* (|gkX5rd!ng to W RoyM Prdmi](e) givt you as
* much Titae as may Ke hb w, and the jnext i?//-
* rA»^//!*<7j ; and hie eaqiedis k preferit and poficive
* Anfwer upon whi^h he may relyj' his ASiirs
^ being in fuch a Condition as can endure no longer
Thc^Cominons went/agahj, into a Committee to which the
bf the whole liotrfe, to cbTfiflddr oF his Majeffy's Commons not -
l^flagas of fo/tfri^y krid'if thisDay. " The jSeN^j^jpgaprcfent
jeant Was fent to'the'ftveral Bars, In WeJiMtipr^'^'''*
fM^ to fummbn the MeiHBirs to come to the Ser-
vice of the Hdiifc. But" thb* they fpent Ais v^holfe
Day, alfo, in the Debate, about preparing an An-
fww t6' the King's Mefi'ages, they cinje to ho more
Rtffofutfoh than to adjourn it tin the nctt Morn-
ing at Eight of the Clock ; and that the former
Officers fliould acquaint his Majefty with it.
But, the next Day, Ritftrmorth inforihs us, "That
Secretary TVmdebank went early to' the Speakcr^s
flfoufp in Chancery- Lane y with a Command to
bring him to TVhitehall: That the Commons met
at the lifual Hour; but the Speaker not appearing,
according to Cuftom, they concluded they were
t6 5e diflblved. And, as they were difcourfirig with
efie another. Jams Max welt^ Efq; Gentlcnfan-
tlfher 6'f the Black Rod, came to require thdir'Ap-
pearance in the Upper Houfc j where the King
fpake as- follows :
My Lords, .- j.':
rtiere can no Occafion of my Coming- to fbisMu/iThe King <aif-
h fo unpleafmg unto me^ as ihh at thh TimeM''^^ ^ ^"^5-
% l^car of doing that^ which I am to do this Day,'^^''^ *
made we not long fince come inio this Iloufe ; u^ere
T^:tprejl'as weir my Fears as the Remedy ^ whkh I
thought necejjary for th^ efchewing of what- is to
foilm.' ' ■ - .
"'— G g 2 / muji
li / tiwj} (O'ifefs aid acip^K'Mgi that yoUy my tardi
^ the bight} Jiiuji', 4fd£ive mefi -jjHling an Bar.,
and - with Juib ^Si^'m did. Jlicw . ^mrfilva % that,
certain^ I may ja^y \f there had bten any M^ani h ,
.have givtu a^n happy End "Uthi Portia menl., you toii
kf/o tbdt'itwtjs neither your Lerdjhips Fdult'nar \
.mine, thai i(ii nsi/o^ Iheytfore, in the firfl Ptac^^ |
Jmufl ihankyQU, my Lards, fir ymr good Sndea^UTS. !
My torJs,. f hope you rcniemhtr ivhat, &* fitk 1
Day-of the Parliamtut, vy Lord Keeper fald 'to '^
%H myjiqme; f3nd what Jikewifi hejuid in the Ban-
.qucnng Haufe in .VVhite^all j wid W'*J', l^ltely, {. '
Jaid unti you in ihU Plhee tnylelf. I name aUiVh j
,ajf(^yau^ mt doubting that ytu do ^ot well rem^mbtr
it J but ta jhew you that Tnevtr jaid any Thih^ in \
way ef Favour to my PespUj but, by the Gract ^ 1
G',"i, I Will pundiaally and really perfarm it. ^ r
., , i imtw ikfy hinif infijled very mitch on Crievantes ;
i-VfiU^mf^ hut tUfre maj he [owe, ths' Itv'itUapJi-
denily affirm., that there Ore not, by many Vfgrres, J
JO many at the public i'oice di,th make them, tyhtri' I
Jsre-^ifjirl you to take Nolilt, now ejpecially ^^t ihft I
' ^uie, Wat out ef Parliament IJhall be as teafy, if 1
Kit fj/sre yji{ling^_ to hear and redrefs any j'i^Gt\U
•oOn.-'ts, ttiin Purhament. ■.■(l
Iberi is one Thing much fpohen of, 1 me^n'^i tt\
A^ilttcr^^ ef Religion. Concerning whieh, alieitj ex- I
jirelji^-'t^wlf fully the laf. Day in this Place,' ytt 1 1
thinijjtjit again on this Ouap,Ba to tdlycu, tSot at r
/ am ^Kert^ed, fo i Ihall be mofi carifu! tp f^eferve I
thelJPw^ijy efReh'gien which, Ithank Grd; rj ff wJ^ I
(/faV^ctfih'ihe Cbu'feh s/ England; and fheif,"\is \
tvellcutef asin. Parliament. .■-;:i!
■ A^y^ardt, I Jhall not trouble you long wit A' ffirds,
, ,it ^M Hoi fny Fajhion j whtrefore ta eoneludt'^'what L
/ ofere'd t!?e 'hf Day ta the Horfe ef Comfft^Hi^ I 1
ihini ii very well inoTvn to you all; ai liktw'lfl"
_ they a,(0pied it, iv'hleh f dfjlre m to rememl^--, ^t
\ii/ijhjikey hiid remembered, hov; at prjl thsy.'it/eri.fMd
%» my' Lord- Keeper, that Delay wds the worft Kihd
' •./ tferiiji : Tet livlU r.ot fay thi Fault es tie tfc&wi
/iiftfi ff/Cummeas; Iivil! net Judge fa umharUahh htk. 16. Cv.
efth/e wham^for ihemeji poft, Iiah ia "be. loyal a/id'- ■■■■-i^^i
■wellaff'ead SuhjiB:; hit it hath betnihe 'maru'mi '"*'''
'Cmningof fame few JeiiiUupyaff'eEteiiMsii that hath
^een the Lauji cj this Mifitnderjiandin?. '
, I /halt USUI end as I h:ive begufi, inching jour
Lord/hips Thanks for [the Care you have of my Ho-
nour and. Affairs], defirlngysu to go on arid afflj} me
in ill! maintaining [of my Govern nient'and ine Li-
berties] of the People, thai they nowfo mucbfarite ci ;
fury my Lords no King in the fforld/hail be m^re care-
/u/,[to mjiintitin] eke Property of their Goads, the
i.il)ei-ths,rif iheirPerlons. and the true Religion, than
, Misoitif my L»rd'-&iph-^d6at J havt' athmiaM
y.'^:.- .'■ .'- :- ",■ - "' ^'-i ,' .', ,'. V
The Lorf-Keeperthe* added. ' . -
• My Lprds, and you the Gentlemen of the
* Hpufc of Commonsi the King's M^liy dolh
* ^llolve LbuParlUment-'
All tjiat U entered in the Ccmtnmi y^rnals for
thisDiOf b,
Die Mortis ^le. Maiiy ibma, Stgni Regit Cak.
■' -"P-RA Y« R 8. ■ .
■ft(»fp,'his Itlajefty', to require the K nigh is; Citizens
-,»nd'BurgefIes of this Houfe, to come up pre'fenily
tq^IusMajefly : And, there« by hij Majefty'^'Cbm-
liuujd, iny Loid-Keepct diflblyed this ptdentFar-
lianient.''
.'Soon after the D'iflblution of this Pailismeitt tlie
^, Kw« pulilifticd i..Dtekralion of.the'Grourirfs-and g^"*,^^'^'
. B)cafpaii, «rtaich induced him to take fdch a: blep ; hit Rui^ini rot
:,in :wiiic'hii a Recapitulation of all hjs Speeches, 'MefiiSsii.imiiim^
f(Sfii,y: sjii.Jitt/ii'ert iQ them, from the BeCinuing
\, tp. ths.rndpf this Parliament : ToivpidTautob-
(gfo iWcihall, a^t repeat them herf, tiiir"bnly gfve
■ fht Dtilara'tlin \lkll. ' ' " ■■
G s 5 nii
! 47°' The'Filditmski^y^ii-TdSit
^
"Uh Ma}ef}y's DectARATioN « all bit Itvh^ $ai'
JtilSt 'of the Caufti tuhieb mmcd him. to ai/lohte
the /a// Parliament.
* fTHHE King's moft Excellent Majefty well
* _|_ knoweih, that the Calling, Adjourmog,
* Proroguing and Dilfolving of Parlumenu, are
' undoitble'lPrerogittivesinl'eparably annexed iQ his ■
* ImperU! Crown ; of which he is not bound lo
' render any Account, but to God alone, no more
' than of his other Regal Aitions.
* Neverthelefs his Majefty, whofe Piety and
* Goodnefs have made btrti ever fo la order and go-
* vern all Things, that theClearnefs and CandtJT
* of his Royal Heart may appear to all his Subjedls ;
* efpccialiy in ihofe great and publick Matters of
* Siate, that have Relation to the Wea] and Safety
* of his People, and llie Honour of his Royal Per-
' fOn and Government i hath thought fit (for a-
' voiding and preventing all iinirter Conftruftions
' and Mifintcrpretarion, which ihe Malice of fome
' ill- affected Pcrfons to his Crown and Sovereignty,
' hath or rmy practice to infufe into the Minds and
* Eirs of his good and faithful Subjetits) to fct '
' down by Way of Declaraiion, the true Caufcs,
' as well of his Aflemblinj:, as of hts Diflblviag,
' the late Parllanient.
' It ia not unknown to moll of his Majefty's
' loving Subjedts, what Difcouragcments he hath '
' formerly had, by the unduiiful and feditious Car- '
' rijgc of divers of the Lower Houfe in ptBceding '
' AJfcmblies of Parliaments; enough to have made'
* himaverfe to [hofeantientandaccuftom'd Ways -
* of Calling his People together; when, inftead
* of dutiful Expreflions towards his perfon and G8-
'wrnment, they vented their own Malice and
' Difa'fleflions to the Slate ; and, by their fubdl and"
* malignant Coutfcs, endeavoured nothing more
'- than re bring into Contempt and Diforder sXlGo-'
-'■ verntnent and MagiftraCy.
■ * y«t hi!-Ma}e!ly, well confideting that but few
iVcre gmUy of (hit fsditlous and unduliful Beha-
viour ; and hoping that Time and Experience had An. t.6. Car,
made his lovihg^SdbJ^as^ffii^Bbfe d^ihe^^^^^ *Hp>-;
per the whofe EingdoiTi was Iilrtf to-ft* fidt mick^
by the ill-governed Anions 6f ihOfe^Mj^ri : And
Iris Majefty, being, ey'^r <Jefirous to trea^; inibe
Steps of hi5 moft iiOble Progenit6rs,vwaSi^plemecJ[
lo. ifliie forth his ^r/Vrundfer the Grea^ Seal of
Engbnd for a Parliament, to be boldcn the i3tli
Dzy of Jpril laft, ^.
* On that Day hiaMajefty, hy the Lord- i^eepcy
of his Great-SeaU was gracioufly pleafed to kt
bctfh Houfes of Parliameiir know bpw defirous
he was. That all his .People womW *umtfl[ their
ileatts and Afie£lions id the Executjofi of thofe
Oounfels, that might tend to:tb<?;|ig^ijour of hk
Majefty, the Safety of bis King6oi3Hj5v.'4ed>tb^ ^
Good and Prefervation of all his Pieople: .Aiifd - ,
withal^ how confident .h^ Was thati^b^y w^W < not ^
be failing in their Dmies and Affe£tiai>5.jQ hii^
and to the Public.*-rHe laid open ta theni t^m*- »
oifeft and apparent Mischiefs threatened; to. this
^d.all his other Kdngdoij^s, by the miitirkXlTB anji
3«bellio«s' Behaviour of ^iyers of the Sc{^s Nation j
:3*ho had» by their Examples drawn^ many- of
. his .Subjects, there into a GoUl're of TDifloyalty and
.Difohmiehce,: not fit for his Majefty in Honour,
Safety, or Wifdom to endure. And. how thai,
?tO''ftrfih|thcn themfdves in their difloyal Couvfes,
.ihey had addrefled themfclves to foreign States,
arts treated with them to deliver them&lves up to
^hcif'^pFOicftion: and Defence; as was made ap-
sj)3rem/uiid€r the Hands of the prime Ringleaders
«o£ diat rebellious Faftjon.
r/^Thefc Courfes of theirs tending fo much tp the
RUinand Overthrow of this Atmous^Monaircby,'
kmited by the Defcent of the Crown of Engkni
ropbo his<MaJeily and his Father of.bleiled Me-
-^mory; His Majefty, in his, great Wifdom, and
da DHchargg of the. Truft repofed in him by God,
and by the fundamental Laws of both K ngdoms,
■•for the Prot^tion ^nd Goveroment of them, rer
... . . ..:... . * folvcd
• ft,*'-
^
1.\fo\vti lo fupprefci awl» thereby* to vin&afc
* ftiJtSovere^n Powet 'mimfted lO him- '
, * Re luul, by Ihe laft Summer's Trial, found
* that his Grace ard GoodTiefs was abuf«i;"^and
'^ that, conlrary to his Expectation and their failli-
^ Fid Promiles, they had, (ince his being at BertaiA
* and ihc Pacificaiion there made, purfued ihA
_*. (ormcr rebellious Defigns: And therefore ir Wai
•,,BCccfIaty now, for his Majcfty, by Force, rote- i
*,duce iheoi to the juft and modeft CondiiioiioT
*^'jt|i"dr Obedience and Subjeflioii ; whith, whin- '
f^V«ril>ey OiouldbebrouE^twmo. or, feeingiheif
•,.^W) trrors, fliogld put ihemfelvea into a Way
*, pf.Hmiiiliiy ai;d Obejience becoming iheoii his
**,^K[*jefty fiiould need i)o otiicr IVIediator for Ci^«
v■.^]i^ncy and Mercy to them, than his own Pidnfl
^j^iH'Gotiduels, and ihf tender Aflcdlion be hM^H
'em born to that hisnative Kingdom. 'T^B
. ^'Thlsbeingoffogredi Weight and Confequenn
\i^, Ilie wliule Kingdom, and Jie Charge of an Ar-
.[^y 111 10 mailer fuch a Bufuiels amounting tofuch
'.'a Sum ai his Majcfty halh no Meam to raife ;
*" having not only eiiipiiedhisown Coffers, buiif-
' filed beuvctn three and four \hundredl ifaoufand
' Pounui, .which he borrowed of his Servants ap-
' on Security orn of his own ElUte, to provide fuch
* Things 35 ivete necefliiry to begin fuch an Aftion
' with-: H:s Majefly.afrer (he Example of hrePre-
* deccHbii, Klbricd lohis People in their reprt-fcn-
' tativs Elorly. ihc Parliament; whom he dcfircd,
' wiih all ilie Expieflions of Grace and Goodne&
' which could poflibly come from him. That, ta-
' king into feiious and dutiful Confidcration the
' Naiute of thefe bleeding Evils, and how dan^e-
' rous it was lo lofe the leaft Minute of Time, left
' thereby thofe oi Siuland fliould gain the Oppor-
' 'tuniiy (0 frame their Parties with foreign States;
' They would, for a while, lay alide al! other De-
' bates, and pafs an Adl for ihe Ipeedy Payment
* ot lb m.,;iv Subjhiiei. as might cnalile his Majelt^ '
* tb ru: ih RciiJiaeli, for ibis Summer's Exjjeii- '
* tiui,., luL.i;- I'lriii^i which were to be prepared
* befonre fogma^aii'Arffiy ockiiia^fe biw^ fntoAo. i^*&fr1
* the Field. . But*)r^i^ ftifftcf Sopplj^, hcqeflary **i«'
. * for fo greit ah yn*rfelB«ig; Ks Maji^ diidare<J,
^ That hccxpeaedit i»br> (iff thei'c fhi^ht bea hap-
* pyConclafionoiftJwiJ'^ffioiif irrftlft their juft
"* Grievances might bty &ft; g^^^idttiliy-heard and
>• relieved. ■-. '>•■''■', TV " " ' '
.. * And therein as his Maj^y -wbttWi liibft viril..
* liiigly, have given th<jm the Prcrtdence" before
* Matter of Supply, if the great fiitdSxy; at hi^
^ Occafions could have pferrtijtted 5 fohe wasgrar
* cionfly pleafcd, forthsir fuB AfTurarice andSa-
* tirfadlion therein, to givts them his Royal Word,
* That, wirhoat determining the Seffion, tipon
* gmnting of the SubftdiiU he would give them,
*^ before they parted, at much Time as the Seaibn of
* the Year and the great Affairs in hand would per-
* mit, for confidering all fuch Petitions as they con-
*^ ceivcd to be for theGood of the Common- wealth ;
* and what they could not now finifh, they Oiould
* have full Time to pcrfcft towards Winter : His
^ Majefty gracloufly aflaring them, That he woiild
* go. along ^ith them -for their Advantage, thro*
*. all theExpreffions 6f a gracious and pious Kingi
*to the 'end there might be fuch a happy Con-
Vclufion of that, as might be the Qiufe of nuny
•rmore Meetings with them in Parliament.
* From their firft Aflemblmg uhtill the lift oF
* j/^^ihe Houfe of Commons did nothing that
* ^coiildgive hw Majefty aiiy Content.or Confidence
* m timi fpeedy Supplying of himi Whereupon
f -he ctMnmandad both the Houfea to attend him iii
« ihe BanquHttHg-Houfi^ at ff^itehall. ih the Af-
* 4xtXiobm'o( that aift of April i where, by ;thi
* iior**iBeper, His Majefty put ther^'in'Mind^or
* thK^Sd-far which they were affembled, whicK
* -wjnrfbr bis Majefty *d Supplies: That' if it were
^ ittfti fpeedy it would beof no Ufe untahim, P^rt
* crf-tbe Army then marching at the Charge oPa-
* hove ihiindred'thoufand Pounds a Month; which
^ would all te? loft, if his Majefty were not, preft ml V* .
.• -': • . «Hipplied,
• "> 'A
ll
I
4f4 TW^^IikmeiitSi'yHlii T dUk
Aif.'(i) Clf. r.' Supplied, fo as it was not pojfible lo be longtt'
•iorbuin. ■ Yet his Majefty then cKprelTed, That
' "ihe Supply he, for the preCeni, tjefired, wasoa>-
' ly to enable him to go on with hisDeftgns ft*^
* ihic': or four Months; and ihat he expeded i»'
' turther Supply lill all their juil Grievances wefe
* relieved. I
* And, becaufe his Majefty had taken Noiiccof '
* fonie Mifapprebenfions about the levying, of Sfo)>.
' Msf/ey, Ilis Majefty commanded the Lord- Keeper
' to let tliein tuow. That he never had any Intent "
' lion to make any Revenue of ii, nor had evvl
* made any ; but that all [he Money collefted hai ]
' been paid to the Treafurer of ihe Navy, and by '
* him expended, befides feveral great Sums of '
' Money every Year <iut of his Msjelty's own
' Porfc: — That his Majefly had once refolved,
' this Year, to have levied none; but that he was
' forced toalter h.sRefc!ution, in regard he was of
' Necdliiy to fend an Army for reducing tliole of
' StHland, during which Time it was reqaifice tlir
* Seasftiouldbe wdl guarded. And betides, his Ma-
' jcfty had Knowledge of the great Fkas prepared
' by all neighbouring Princes this Year, and of the
' Infolencies committed by thofe of /fl^Urs,- w'nh
' the Store of Ships ihey had in Readinefe. — And
' therefcie, tho' his Majefty, for this piereni Year,
* could not forbear it, but ex[>cfled their Coccuti-
' rence in the levying of it ; yet, for the future, to
' give all his Subjetls Aflurance, how juft acidrij^ *
' aj his Intentions were, and that all his Aim was, '
' but to live like (heir King i able to defend bim-
* felf and them ; to be ufeful to his Friends, and
' confiderable ro his Enemies; to maintain the So-
' vereignty of the Seas, and fo make the Kingdom
' flourifh in Trade and Commerce : He was gra-
' cioufly pleafed to let them know. Thai the or-
* dinary Revenue, now taken by the Crown, could
' not ferve the Turn ; and therefore that it muft
' be by Stio-Maney, or fome other Way, Tjherein
' lie was willing to leave i; la ttieii Con Jidcra[ ions,
' wlwt.
1
'I
^1
«/ E ;N, G L A N D. 475
* what better Courfe to 6rd out; and to fettle it An. ifl. Ow.l.
' how they would, fo the Thing were but done, ^^°'
* which fo much imported the Honour and Safely
' of ihe Kingdom- — That his Majeity, for his Part,
' would moft readily and chearfuliy grant any
' Thing they could defile, for fecuring them in the
' Property of their Goods and Eftates, and in ihci
' Liberty of their Perfons; Kis Majcfty telling
* them, It was in tlieit Pov;er to make this as hap-
' py a Parliament as ever was ; and to be the Caufe
' of the King's deiighiing to meet wiih his People,
' andhisPeople.with him : And that there was no ■
' fuch Way to effed Ibis, as hy putting Obligati- '
* on) of Truft and ConSdence upon him.; which, *
* as it wi!3 the Way of good Manneis with a 'King, *
' fo it was a futcratid fafer Courfe for themfclvea, "
' than any that their own Jeatoufies and Fears'
* CDuld invent; bis Majefty being a Prince that'
' defeivcd their Truft, and could not lofc the Ho-
* nour of it i and of fo gracious a Nature, that he
' difdained his People fhouid overcome him by
' Kindnefs: That he had made this good to fbme
* other Subjefls of his; and, if ihey followed his
' Counfel, they Ihould be fure not to repent it;-
* being the People that were nearcft and dearcft uii-.'
' to him, and Sutyei^ts ibai he did ^nd had Reaibn to.' I
* value more, than [heSubjeflsof any of hisother-'
' Kingdoms.
* His Majefty, having thus gracioufly exprefled •
* himfelf unto them, he expefled the Houfc of'
* Commons would have, the next Day, taken, imo'
* -Confideraiion the Matter of Supply ; and laid a- '
* fide ail other Debates, till that was refolvedof
'-according to his Defire. But, inftead of giving'
' aii Anfwer therein, fuch as the preffing and up- '
' gent Occalions required, ihey fell into Difcourfes '
' and Debates about iheir pretended Grjevahccs';-'
' and raifed up fu many, aod of fo feveral Naiuids, '
' that, in a parliamentary Way, they could not"
* but fpend more Time, than his Majclly's great '
' and we;gluy Aflairs couWrtflibly afiord. . ■ ■ ; '
'HS«
fc«6.-Cin L. « His Mitjefty forteeJng, in his.pcat.Wtl'*!
■**•' * 1hSt t?iey Were not in ihe Way lo make lliis ti
*' happyPailFament, which hefo muchdefiEeJ 31
* ht^t ye(, thai noihing might be waniiug^^t
* hfe Piifr, to bring them into the rfght-Wfly jjbi
^''rtiblTf^, fbrhisHonour, thcSafeiyGf.iheKit
"'jom, artd their own Good, lo defire the A)
*"'ftatlce of the Lorjs of the Higlier Houfc, as pa
'•A'oas in Rank and Degree neareft to [lie.Royd
■*:Thioiie; and who, having received Honour Tiow
''I'him and his Royat Piogenitors, he doubled Itiat J
''■'*»ouK1, 'fot thole and many other ReatoiiSi; beJ
w;(i]oV(M til Honour aad'dutiful AffeflioD to.hisJ
.♦•■^MctliiiKlCrbwt*, todtfpol? the HoufeofCqnf-il
■ "^dn^ 1t>* fXprefi their Duties 10 bis Majefty ; in
••^'gitpetlithlg the Matter of Supply, for which thcy
^•'Were called together, and which required io pre-
■^■rti^ta'Difpatch.
'"■^'For this Purpofc his Majefly, in his Royal
"•''Prfrfon, came again to the Lords Haufc on ?^i-
■•''ff^ffV, the 24ih of j^rj/ ; -where be bimlelf de-
''"'tlaied to the Lords the Caufc of his Cotnjng;
••"which was to put ihcm in mind of what ihsd
'"'Bten, hy the Lord Keeper in his Name, delivered
*■ to both Houi'cs the firft Day of the Parliament,
* and after zi It'hitehaH : And how, contrary to
* hb Expcflkrion, the Houfc of Comtnons, hiiving
* heliSCon'fuItJnonof MsUerof Rcligiim^PrtpeTty
* sf G units, and Li/icrty ef Parlia/r.iitt ; and iVQied
' fome Things concerning thole three Heads, h»d
' thereby given ihem the Precedence befotft:,thc
* Matter of his Supply : That his NeceflitieB were
'*' fiich, they could not bear Delay : That wh*tever
'* he had, by the Lord Keeper, promifed, hew9uld
*-fietlbrm, if ihe Houfe of Commons would truft
* him. 'I"hat, for Religien, his Heart and Con-
* fcience went together with the Religion ellabliih-
* ed in the Church of England ; and he would give
'Order 10 bis Archbifhops and BifhopB, that noln-
* novation in Matter ol Religion (hould creep in.
' -^-—Tor Ship- Money, that lie never made, nor
'_^ ' ■.TTcndEd tcf make any ProJit i<j bimrdf of it, but
p *'bnly to prererve tho rDominion of the' SeasiAm i«.4T<>ft
I » which was fo neceflary, thai without it the King' »&**
' '"■dom could not mbfift : But for iheWay and
»" Means, by Ship-Mcney, or orherwife, he left it to
* them. For Property if Gaadi, mi Liberty of
* Parliammiy he ever intended bis Petals fhould
* enjoy them ; holding xio King fo great, as he that
■* was King of a rich and free People [ and if ihejr
•'• ihad not Property of GoocJs and Liberty of Per^
'*'(bns, they would be neither rich nor free.-- — .
*■ That, if the Houfc of Commons would not firft
*■' truft him, all his Affairs would be difordered, and
•his Bufinefs loft. That tho' they Irufled him
<1fl part at firlt, yet, before the Parliament ended,
' he mult totally truit them ; and) in Conciurion,
* ihey muft, for the Execution of all . Thing!,
' wholly truft him. Therefore fince the Matter
* Was no more, than who fhould be fiift irulted ;
' * aiiii ihat the Truft of him &tft, was but a Truft
^iii part J. his Majefty dehred iheLords to takein-
^■10 their Conlideratiohs his and their own Honour,
s'l^the Safely and Welfare of ihis Kingdom, with
£* ithe great Danger it was in ; and that they would,
^ by their Advice, difpofe the Houfe of Commons
•*'to give his Supply the Precedency before their
<^ Grievances.
i" * Hia Majefty being departed, the Lords took in-
f*'- to ferious Confidcration what his Majsfty had
i'*'(C6mraended to their Care; and, torihwith. lay-
-' ing afide all other Debates (fuch was their Lord-
'^■fhips dutiful and affedionaic Carriage, they well
-■'•^'Kmctnbiing what had been formerly decUted in
"^'his Majefty's Name to boih Houfqs, hts-Majefty's
t^'gracious Promifes arnl Expreilions ihcPt and at
filMHis Time, with the prelliug acd uigeptOcca-
-"jEons which fo much impoited ihe-HoQOur of
■tf:.his Majefty, and the Good of his KiiigikyiO their
5*i-J^rd(hips delivered their \'otes in thek Wprds :
li'iWe are of Opimon,. that- the Mjlfer ^f • bii Aiaji-
* ^fiy'i Supply JboiLid h^t Pftfc^tfKi, ami h . <</ftW
'<i^jou-btfiire, am oib'er- Mtiiffr ivh'ifjKt'rj'': Atidui-
ii^-(j)ink,Jiti<tiiai tlxrt-.JtaSvbe «,.Qi!nJfi-jin».:'li'/!'-eJ
-Aa: Jf.'tWi '».*««■''* '*' ffsffi '/ Cmmims, U di^fi them thin*.
' ' AccorainE;!^ rhe next Day, being Satttrdaj^
p .. ■* the tjlli oi Jtpril, a Conference was held in tt^
m^^ * Painted Chambtr, hy a CommitEee of bbtli
^^1 ' Houfcs; Where the Lord Keeper, by Command
^■^ * of the Lords, told \ha Houfe of Commons of 'hp
\, ' Majcfty's being, the Day before, in Perfon, ia
» ihc Higher Houfe; howgtacioufly hehade3e|l^ef-
* fed himfetf in Mstler of Rjligien, Pfopertj ^
' Gsods, and L-ieriy of Parliament i and that he
' would therein grarioufly hear an J relieve thtm,
* and give ihem what, in Reafonj could be defird i
* with the Effefl of what elfe had been gracioufly
' delivered nn[o them bv his Majefty, as well
' toudiing his conflant Ze,il and Affeftion to the
* Rt!i^r.n eftnWifhed in the Church of England, as
f touching the Ship-Mmey.'
-fiiSV*/ fsUsw the Vi-Bceedingi in Parliament^ as
,-, l/efsit idaied, then the Ditkrdtion goes en that I
•'By all the Proceeriings herein declared, i( ^
' evident to al! Men, huiv billing ar..] defirousTjit
' Majefty hath been, lo make Ufe of the antient
' and noble Way of" Parliaments, ufed and inftiiuted
' by !i:s Roya! Predcctflbrs, for the Prefervaiion
' and Honotjr of this famous Monarchy : And that
' on his M^jefty's Part, nothing was wanting, that
' could be expected from a King, whereby this
' Parliament might have had a happy Conclufioti ;
* for the Comfort 'and Content ot his Majcfty's
' Sohjeils, ard for the Good and Safety of this
' Kingdom.
'On the contrary it is apparent, how lho(fe of
' iTie Hcule of Commons, whole finifterand nia-
* licjfjui Coorfeserfoiced his Majefty lo diflolve
' thisPai!i;men(, have vitiated and abufed t^at an-^
' tient and noble Way of Parliament; perverUDg
' Ihc fame to their nwn iinwoithy Ends, arid fprgel-
' liiiSi'i^i'riieUreSnd Inftitmionof Pariiatneni's, ,
.' Vm whtreas thcfe .Meetings and Aflemblics o£
*^Iii( Mpjelty \Viih ili6 Peers aiid Ciarnmons'of tfti» >
I' ' Realmji
R^aloii wercj ia th^lr, Srft OriginaU aofj.-in theAa. le.^Oar. j
Praflice of all fucceeding Ages, ordained ai>.djield ^^ff«
as Pledges and Teftin^onies of Affedion between
the King and hisr People ; the King, for his Part,
graciouily hearing and redreiGng. fucb Grievances
as bis People, in bumblp and dutiful^ Maaner,
{bpuld r^prefent unto bini; and the $'ubj.ejQs, on
their,Part, as Tcftinuonies of tbeir Duty^ fopply-
ihghisMajefty, upon all extraordinary Occafions,
for Support of Me Honour and Sovereigaty, and
for prefer ving the Kingdom in Glory, and Safety :
Thofc, ill-affeftcd Members of the Houfe of
.Comm6hs» inftead of an bumble, and dutiful
Way of prefetjting their Grievances to his IVfa'-
jpfty, have taken upon them to be the Guides
and Direflors- ip all Matters that concern bk
M^eily's Government, both Temporal and Ec-
clenaftical : And, as if Kings were bound to give
an Account of their regal Aflions, and of their
Manner of Government to their Subjeds aflem-
bled in Parliament, they have, in a very audaci-
ous and mfolent Way, entered into Examination
and Cenfuring of the prefent Government j tra-
duced his Majefty's Adminiftration of Juftiee ;
and, as much as in them lay, .rendered odious to
the reft of his Majefty's Subjects, not only the
Officers and Minifters of State, but even his Ma*
j^fty's Government itfelf; which hath been fo
juft and gracious, that never did this, or any other
Nation, enjoy more Blellingsand Hapj;)inefs, than
hath been, by all his Majefty's Subjects, enjoyed
ever fince his Majefty's Accefs to the Crown ;
nor did this Kingdom ever fo flourifli in Trade
aad Commerce, as at this prefent, or partake of
more Peace and Plenty in all Kinpls whatfoeve<:»
* And whereas, the ordinary Revenues of the
Crovifn not fufficiiig to defray extraordinary
Charges, it hath ever- been the Ufage^ iix all Par-
liaments, toaid^and aflift the King$ of Jthis Real;n
-with free and fitting Supply, towards t]^e Mainte- -
nance of tlicir Wars, and for malting cood their ■
Royal VndertalLiotgs $ whereby ih^ Kingdoco,**
,. . ' — • » iritfuil^d
U. «6. Gtf. I
480 Ihe TarliameHt0ry Hi s to r y
intruded to their Protection, might be held up in
Splendor and Greatnefs : Thefe ili-afte£tcd Per^
fons of the Houfe of Commons have been to br
from treading in the Steps of their AnceftorSt hj
their dutiful Expreffiona in this Kind, that, con-
trarily> they have introduced a Way of Bargain-
ing and Cohtradting with the King ; as if nothing
ought to be given him by them, but what be
(hould buy andpurchafeof them ; either by quit-
ting fomewhat of his Royal Prerogative, or by
diminifhing and ieflening his Revenues ; which
Courfes of theirs, how repugnant they are iq the
Duty of Subjects ; how upfit for his Majefty, in
Honour, to permit and fuffer ; and what Hazard
and Difhonour they fiibjeft this Kingdom Co ^ all
Men may eafily judge, that will but equally and
impartially weigh ihem.
* His Majefty hath been, by this Means, reduced
to fuch Straits and Extremities, that, were not his
Care of the Public Good and Safety far greater
than iheiis, thel'e Men, as much as in them lies,
would quickly bring Ruin and Confufion to the
State, and render coniemptiblc this glorious Mo*
narchy.
* But this Fro^yardnefs and undutiful Behaviour
of theirs cannot leflen his Majefty's Care of pre-
ferving the Kingdoms intruded to his Protedlion"
and Government; nor his gracious and tender
ASedlion to his People, for whofe Good and
Comfort his Majefty, by God'5 gracious Aflift-
ance, will fo provide, that all his loving SubjetU
may ft ill enjoy the Happinefs of living under the
blefltd Shade and Protedtion of his Royal Scepten
* In the mean Time, to the end all his Majefty's
loving Subjefls may know, how gracioufly his
Majefty is inclined to hear airti redrefs all the juft
Grievances of his People, as well out of Parlia-
ment as in Parliament ; hit Majefty doth hereby
further declare his Royal Will and Pleafure, that
all his lovjng Subjects who have any juft Caufe to
prefent, or complain of atw Grievances or Op-
frui^f^ may fr^y addrels themfelveSy by their
^ bumble
•0/ •E"N'Gr A n'd'' 48'>
* hurtible Petitions, to. his 'Sacred Majefty.s who An. i6. Ctr. t.'
* will gracioufly hear their Cbmplaiqts, and give 1640.
* fnch fitting Redrefs therein, jhat all his People
* (hall have juft Caulc to acknowledge his Grace
* and Goodnefe tpwa^rds them 5 and ;t6 be fulfy fa-
* tisfied, that no Perfohs or Aff^mblieS can more
* prevail with his Majefty,'tlian theFiety and Ju-
* ftice of his own Royal Nature, and the tender Af-
* fedlion he doth, and (hall ever, bear to all his
* People and loving Subje'^ts^* ,
But, before we take Leave of this Parliament, it
is neceflary to obfervej that fomething more was
dbnc, by the Common^, dc intended lo be done,
befides Redrefs of Grievances. There V7ere fpme
Bills framed and read in the Houfe, in order to pafs
into Afts s the Titles of which, to fliew the occzr
fional Laws they thought proper to have had e-
nafted, may not be unacceptable to the Reader.
1 . An ASf to prevent the Abufe of Common Re cove- Bills framed m
riesjuffered by Infants. j^„j^
2. An A£i to prevent Inconveniencies fuffered ly
Occupancy.
3. An A^ to prevent divers Abufes in Ecclejsajical
Courts,
4. An Ad againfl the Exportation cf Wools and
Woolfells^ MortlingSj Shorlings^ Yarn made of JVooI^
Wool/locks, Fuller's Earthy and Fulling Clay. .
^, An A^ for the more due EleSiionof Knights^
Citizens^ and Burgeffes to ferve in Parliament,
6. An A£i concerning hearing the Word of God
preached,
7. An ASf concerning the difpoftng of Money recJeU
vedfor Commutation rf Penance. ^ ' . ,
8. An A5i concerning the granting of Adminffira-
tions. ' • . . .
9. An ASf concerning the Dijpofal of Goods unad^,
Tninijlered. , , *.
10. An A^ that \certain Clergymen JEdt ntji i'e
Juflices of Peace, : ■".:..
li. Jh /idf for avoiding of cdufelefs^uiii^ ani/or^ .
Eafe iupfl'SmtSf at'Comnim Jsaijb. ' ^
VdL.Vlil, Hh . i:^. An
^P 481 TheTarliat/ieiitary History
All, le.Cir. 1. *'■ -^^ ''''^ itnccrning l^on-Refidenti. PluraHiiit
it+o. ef Bcnefict!, and taking Farms by Spiritual Mtn,
With fomc few others of lefs public Notice.
IBefides giving the King's Declaration of his Rea-
fons for Diflblving Itiis I'atliament, it wil! be ne-
ccll'ary alfo 10 give ilie Seniimciits of cotempo-
rary HiKotians, concerning the occafional De-
bates in the Houfe of Commons, in thisSdEon;
particularly, of ih^ laft two Days of it. Wc have
hiiheno, altogether, followed the Authority of ibe
_7«»'Wj and Mr. RuJlrMsrth, in the foregoing Ac-
count ; but they not entering fo deeply into thel'c
Proceedings as fome Others have done ; panicularly
Lord Ciarendm, who washimfelf a Member of this
Parliament, it cannot be amifi to give that Noble
Author's own Account of them firft j and, chiefly,
in his own Words (i).
Rem*l(i on ite After giving an Abftfafl of the King's andLord-
piocMdinp Keeper's Speeches, at the Opening, wjih tome fub-
**"""■ fequent Sjieeches in the Houfe of Commons made
by Mr. Pym, Mr. Grimftsn, and oiherf, on Grie-
vances, particularly Ship-Aisncy, and that one
Pfard, a bold Lawyer of little Note, faid, It was^n
Jbomination ; he tells us, ' That tbey were fmaitly
taken up by Herbert, the King's Solicitor 1 who,
whh all imaginable Addrefs, put them in Mind,
with what Candour his Majefty had proceeded in
that, and all other Things, which related lo the
Adminiftration of Juftice 10 all his People: And
that howfocver he was perfuaded within himfelf of
the Juftice,as well as the Neceffity, of levying Ship-
Monfj, he would not fend out a Wiii for the doing
thereof, til! he received the affirmative Advice of
all the Judges in Englsiid: And when the Pay-
mentihertof wasopi>ofed by a Gentleman, [whom
he Chen took Occafion 10 firoke and commend, for
his great Temper and Modcr.>iion in that Suit) the
King was very well contented that a!l the Judgts
of England fliould determine the Right ; That nc-
vei
(■) Hid. «f ihERttcIlioD, F>l. EJil.VJ. I. p. Wj.
0/ E N Q LA N D. 485
vcr any Caufe had been debated and argued moreen. i6. Car, h
j Ibleinnly before the Judges ; who, after long De- *^®'
liberation amongfl: themfelves, and being attended ^
with the Records, which had been cited on both
Sides, delivered each Man his Opinion and Judg-
ment, publickly, in Court; and fo largely, that
but two Judges argued in a Day. And, after all
this, and a Judgment with that Solemnity pro-
nounced for the King, by which he was as legally
poflefled of that Right, as of any Thing elfc he
had ; that any particular Man fliould prefume to
fpeak againft it with that Bitternefs, as to call it an
Abomination^ was very offenfive and unwarrantable :
And defired that the Gentleman, who had ufed the
Expreffion, might explain himfelf and then with-
draw.* On this Speech feveral of the Members
were for Calling Peard to the Bar j and he hardly
gpt off without a fevere Reprimand. Which Af-
fair the Noble Hiftorian mentions, chiefly to (hew
the Temper and Sobriety of the Houfe ; and that
their Diflblution, afterwards, was the more to be
lamented.
Our Author next proceeds to relate the feveral ^
Tranfadions, in the fucceeding Days, pretty much
as they are given in Rujhworth and the Journals^
tdl he comes to the Debates on the King's Meflage
for Supply ; where he mentions the particular Sub^
fidie} he wanted. On which Account, he fays, Mr.
Hamhden, the moft popular Man in the Houfe, in
regard of his, fingly, oppofing Ship-Money, thought
it fit Time to put the Queftion, * Whether the
Houfe would confent to the Propofition made by
the feing, as it was contained in the Meflage?
Which would have been fure to have found a Ne-
gative from all who thought the Sum too great, or
were not pleafed that it (hould be given in Re-
Compencc for Ship- Money, -^'^ovf take the Noble
Author's own Words for the reft ; obferving that,
when he mentions Mr. Hyde, it was himlelf he
fpeaks on ; who feems to have had a great Sway,.
and to have been well heard, in the Houfe, at that
Time. ^ >
H h 3 « Wbe»
484 Tie^'iiHiamentfJry HisroiY
An. *s. Car. I. • When many called to have thiE Qodlion, Ser-' 1
1*40, geanr Gianviilt, the Speaker, (who fate by atnongffi'
ihe oiher Members whilft ihe Houfe was in a Com-^ I
mittee, ant) had rarely uTed lo tpeak in Tuch SeafonO J
rofe upi and, in a moft paiheticsl Speech, in which j
he excelled, endeavoured In perfuade the Houl^
' To comply with the King's Defire, for the Got"
* of the Nation, and to reconcile him to Parlia^
* ments for ever ; which this leafonableTeftinsony;
' of their Affeftions would infallibly do.' He n
it nianifeft to ihem how very inconfiderable a Suifl
twelve Subftdsis amounted to, by telling theni^
* That he had computed what he was to pay forV
' ihofc tvitlve Stib/idies;' and when he named ttioX
Sum, he being known to be poUefTed of a great E^«
fta'.e, it teemed not worth any farther Deliberation.
And, "in the Warmth of his Difcourfe, which he ]
plainly diiterned made a wonderful Impreflion up-Q
on the Houfe, he let fait fome (harp Exprcffioi
againft ihelmpolition of Ship -Mousy, and the Judg^
ment in the Point ; which he laid, plainly, * Wmj
* Rgainft Law, if he underftood what Law wa^"?
(who was known to be very learned) which Ex-"*]
preffion, h"W neccllary and artificial fccver to revl
concile the Affedtions of the Houfe to the MatterJ
in queftion, very much irreconciled him at CoBi'^,"
and to thofe on whom be had the greateft Depel-JJ
d^nce-
* There was fcarce ever a Speech that more ga*0
thered up and unncd the Inclinations of a popul
Council to the Speaker : And, if the Queftion H
been prefently put, it was believed the NumbefoPj
the Diflenters would not have appeared great ; Btit,*(
after a ftiort Silence, fome Men, who wifhed welt^
to the Main, exprefled a Diflike of the Way ; <b F
that other Men recos'cted new Courage, and callcdj
again, with Ibme Earnellneis, ' That the QuclU-|r
' on, formerly propofed by Mr. Hjmbdt«, {boillin
' he put;' which feemcd to meet with a Concur-
rence. Mr. l^'i'.i then ftooj up, and defired ' That
'■ Queftion mit;ht not be put ;' and faid, * It was a
' captious Qiicft ion, to which only cne fort of Mea
' coaKt
Of E N G L A N D. 485
could clcarjy give their Vote; which were they An. x6. c
who were for a Rejeftion of the King's Propofi- 'f4®«
tion, and no more refumlng the Debate upon that
Subjcdl : But that they, who defired to give the
King a Supply, as he believed moft did, tho' not
in fuch a Proportion, nor, it may be, in that
Manner, could receive no Satisfia^ion by that
Queftion ; and therefore he propofed, to the End
that every Man might frankly give his Yea, or
his No, that the (Queftion might be put, only,
upon the giving the King a Supply ; which being
cai'ricd in the Affirmative, another Queftion might
be upon the Proportion and the Manner; and if
the firft were carried in the Negative, it would
produce the fame EfFeft as the other Queftion,
propofed by Mr. Hambdeny would do.'
* This Method was received by fomc with great
Approbation, but oppofed by others with more than
ordinary Paflion,and diverted by other Propofitionsf
which, being feconded, took much Time without
pointing to any Conclufion. In the End Sergeant
Glanville faid, ' That there had been a Queftion
* propofed by his Countryman that agreed very well
* with his Senfe; and moved, That the Gentle-
* man might be called upon to propofe it again.*
Mr. Hyde ftated the Cafe again as he had done, an-
fwered fomewhat that had been faid againft it, and
moved, ' That Queftion might be put.' Where-
upon for, a long Time, there was nothing faid, but
a confufed Clamour and Call, Mr, Hambden';
Queftion, Mr. Hyde'i ^ejiion \ the Call appearing
much ftronger for the lait than the foimer : And it
was generally believed that the Queftion had been
put and carried in the Affirmative, tho' it was pofi-
tively oppofed by Herbert^ the Solicitor-General, for
what Reafon no Man could imagine, if Sir Henry
Vane^ihe Secretary, had not flood up and faid, ' That,
* as it had been always his Cuftom to deal plainly
* and clearly with that Houfe in all Things, fo he
* could not but now affure them, That the putting
* arid carrying that Queftion could be of no Ufe ;
* for that he was moft fure, and had Authority to
H h 3 * teU
4S6 The Tarliiimentary Hist OKT
* lell them (b, That if ihey fhould pa6 a Vote (m
' the giving the King a Supply, if it were not in
' the Proportion and Manner propofed in his Ma-
' jefty's Mefiage, it would not be accepted by bim;
* and therefore defircd ihat Queftion might be laid
* afide:' Which beingagain urged by the Solicitor-
General, upon the Authority of what the other had
declared; and the other Privy-Counfellors iaying
nothing, tho' they were much difpleafed with the
Secretary's Averment, the Bufinefs was no more
preUed: But it being near fiveo'Clock in the Af-
ternoon, and every Body weaty, it was willingly
confented to, that the Houfe fhould be adjourned till
the next Morninji.
' Both Sir Henry Vane, and the Solicitor- Gene-
ral, whofe Opinion was of more Weight with the
King than the others, had made a worfc Repreleo-
lation of the Humour and Affeflion of the Houle
than it deferved -, and undertook to know, that if
they came together again, they would pafs foch a
Vote againll Ship'-Momy as would blaft that Reve-
nue and other Branches of the Receipt ; which o-
thers believed they would not have had the Conii-
dence to have attempted ; and very few, that they
would have had the Credit to have compaHea.
Wh^t followed in the next Parliament, within Ie(s
than a Year, made rt believed, That Sir .ifc»y
/'tfn^ adted that Pait malicioufly, and to bring ajl
into Confufion ; he being known to have an im-
placable Hatred againft the Earl oi Slnsfford, Lieu-
tenant of /«/sni/, whofe DeClrnflion was then up-
on [he Anvil. But what tranfported the Solicitor,
who had none of the Ends of the other, could not
be imagined, except it was hJs Pride and Pecvith-
nefs, when he found he was like to be of lefs Au-
thority there than he looked to be ; and yet he was
heard with great Attention, tho' his Parts were njoft
prevalent in puzzling and perplexing that Difcourfe
he meant lo crofs. Let iheir Molives be what
they would, they two, and they only, wrouiiht
fy far wiih the King, that without fo much V "
btration i^ the Affair was woiihy c
s Majcftjr,
tbe
Of ENGLAND. 487
the next Morning, which was on the sth of May^^^^ >^' ^'
near a Month after their firft Meeting, fent for the ' ^^'
Speaker to attend him, and took Care that he fhculd
gojiireftly to the Houfe of Peers, upon fome Ap-
prehenfion, that if he had gone to the Houfe of
Commons, that Houfe would have entered uppn
fome ungrateful Difcourfc, which they were not '
inclined to do : And then fending for that Houfe tp
attend him, the Keeper, by his Majefty's Com*
mand, diflblved the Parliament.
* There- could not a greater Damp have feized
upon the Spirits of the whole Nation, than this
Diffolution caufed ; and Men had much of the
Mifery in View, which (hortly after fell out. It
could never be hoped that more fober and difpaffi-
onate Men would ever meet together in that Place,
or fewer who brought ill'Purpofes with them ; nor
could any Man imagine what Offence they had gi-
ven, which put the King upon that Refolution.
But it was obfervcd, that, in the Countenances ot
thofe who had moft oppofed all that was defired by
his Majefly, there was a marvellous Serenity ; ndr
could they conceal the Joy of their Hearts: For
they knew enough of what was to come, to con-
clude that the King would be (hortly compelled to
call .another Parliament ; and they were as furc,
that fo many, fo unbiafled Men, would never be
clefted again,
* Within an Hour after the Dlflbl ving, Mr. Hyde
m^t Mr« Saint' John^ who had naturally a great
Cloud in his Face, and very feldom was known to
frhife^; but then bad a moft chearful Afpeft ; and,
'feeing .the other melancholic, as in truth he was
frohi hb Heart, a(ked him, * What troubled him V
Whoanfwered, ^ That the fame that troubled him,
^ he believed troubled moft good Men ; that in
^ fiich a Time of Confufion, fo wife a Parliament,
* which alone could have found Remedy for it,
'< was lo unfeafonably difmifled.' The other an-
Ywcred with a little Warmth, ' That all was well;
* and that it muft be worfe before it could be bet-
^' ter i and that this Parliament could never have
* done
488 TbeTarliameiitaryHi&roKY
I. !«. c..[. 1. ' done what was neceflary to be done :* As indeed 1
1640, it would not, what he and hUFriends thought no.- J
ccffary.' - j
We are perfuaded this long Quolation cannot be
I diiagrecable ; fince it lays open aPiece of fecret Hi-
P Aory, without which it is impoQible to underftand
■ the Subjefl-Matier on which ihole tedious De-
bates turned, and employed the whole Houfe from
eight in the Morning till fix at Night, for two Days
logetlier; Which, as our Author obferves, was a
Thing very rare at that Time, tho' it came into
more frequent Ufe afterwards.
Some other Writers of the Hiftory of thefe
Times, and coieniporary with them (1), fay ex-
prefsly. That the King was informed the Com-
mons intended to vote againft the Scats War that
very Morning they were diflblved ; and to blaft a
Dcfign, which ihey fliewed fo httle Inclination to
(Lipport. Lord Clarendon is not fo pofitive in aflert-
inglhis; but his Intimations are ftrong. That the
Etots War was no Ways difpleafmg to the Majority
cf the Commons, at that Time: For, when a
Member of that Houfe faid, fomewhat abruptly,
' That he obferved the Supply was to go in fup-
porting Bdlum Epifcopale, which he thought the
Bifliops were titieft lo do themfelves,' he recei-
ved no Check or Cenlure for this from the Houfe ;
only was flighted in his Motion, by No-bodj's
Seconding it at (hat Time. — To go on with our
Hiftory.
Lord CkrcJidon farther tells us. That wlien the
King had rcSedled on what he had done, and what
was like to fall out ; and was better informed of
ihe Temper and Duty of this Houfe of Commons j
and that they had voted a Supply, if Sir Henry l^ane
had not. hindered it, by fo pofitive an Aflcrtion,
That liie King would relufeit i he was heartily for-
ry for what he had done ; and declared, with great
Anger, * That he had never given him fuch Au-
thoiity i and that he well knew the giving him any
Supply
((j 53rJ.'/«'i Hiflcrj ofKinj C*uf/n T. Fmt.* V Ann
L
"•v-
0/ ENGLAND. 48^
Supply would have been welcome to him; becaufeAn. i6. Car. ]
the Reputation of his Subjedls affifting him, in that '^°*
Conjundlure, was all th^t he looked for and confi-
dered.' That the King confulted the famis Day,
whether he might, by his Proclamation, recall them
to meet together again ; but finding that impofli-
ble, he went upon trying all Expedients for raifing
Money wkhout them : In which he had fuch won-
derful Succefs, that, in lefs than three Weeks, by
the voluntary Loan of the particular Lords of the
Council, and of other private Gentlemen about
^ the City, there was no lefs than 300,000!. paid
into the Exchequer for his Majefty*s Ufe. A Sum,
adds our Author, that fufficiently manifefts the
Plenty of that Time ; and greater than moft Princes
in Europe could have commanded, at fo fliort Warn-
ing J and was an unanfwcrable Argument, that the
Hearts of all his Subjedls were not th^n alienated
from their Duty to their King, or a juft Jealoufy
for his Honour.
Before we enter upon the Proceedings of the. next Remarkable Pai
Parliament, it is ^bfolutely neceflary, for clearing f^ges after the
the Way, to be a little particular in the Recital of ^'^''^"^°*-
thofe Affairs, which happened fince the Diflblution
of the lafti — The Day after it was diifolved. War-
rants were iffued out from the Council for Search-
ing the Study and Pockets of the Lord Brooke^ on
a great Sufpicion that he held a Correfpondence with
thfe Scots. Sir Henry Bellaftfe and Sir John Hotharn^
two Tori/hire Baronets, were alfo convened be-
fore the Council ; who, refufing to anfwer to
Queftiohs, about Matters done in Parliament, were-
committed to the Fleet. Mr. Crew^ another Mem'- '
her alfo, and Chairman to the Committee on Re-
ligion, for refufing to deliver the Petitions and Com-
plaints, made to the Committee, on thofe Matters,
was fent to the Tower.
The* the Parliament was diflblved, yet the King
ordered the Convocation to fit ftill ; which occafi-
oned a new Difpute, in Pamphlets^ fome arguing
That
4po The 7artiame?ttafy Hi s tor t
. I. TTiat both ihole Aflemblics were to end [ogelher :
Olheis to the contrary ; for that the Writ, for
Calling (he Convocaiion, run for their Continu-
ance (^Hranw^Mf /s/onVo ^if^H. And the Sages of
ihe Law being confulted, chey gave it, ' That
* the Convocaiion, called by the King's Writ,
• was not lodifiblve but by the King's Writ* not-
' withftanding ihe IJiflblution of the Parliament.'
Some lynodical Affairs were dciie here i as the 7ai-
poiitionof a new Oaih, to fupport Epifcopacy and
Ihe prefcnt Church-Government j which they did,
in oppofiiion to ihe Lay-Eiders in Seat/and, who
had framed a Covenant for the Defttudtion of it.
But this, and Ibme other Matiets, muft have been
done in Fear and Trembling ; for the King was
forced to fet a Guard about IVelUninJier Abbey, du-
ring their whole Sitting! in Danger of the King's
Difpleafure, if they rofe, and of tlie People's Fury,
if ihey fate on. The AichbiiTiop of Canltiiury's
Palace Was aCauked in the Night, hy above 500
Apprentices ; who, if he had not been provided for
his Oefence, might have fallen a Sacrifice to popu-
lar Fuiy, without the Form anj Ceremony of a
Trial.
Whilft thcfe Tumults weie in agitation, the
King loft no Time in raifmg another Army, in or-
der to fupprefs thejnvalionof [heScwj. 'I'bere.is
noReafon todoubibui thatthefe were, under-han^,
encouraged and alfifted by many iu Engldndf of
their own Perfuafion as to Church-Difcipline ; the
Sequel very plainly fliews it. For tho* the King
found Means to raife another gallant Army, in Ap-
pearance; yet, either by Cowardice or Treachery,
or both, ihey were beat at A^ewburii, on the Banks
of the Rivcr Tyne; which the Siots pafiing, tnadc
ihemfelvcs Mailers of Scivcaflk and Durhaniy and
all the Country round ihem.
This laft Overthrow did not much dimiiiifh the
King's Forces, and he had ftill a very good Army
on Fool ; yet his Affairs were very perplexed and
intricate. Money, ihcSinewsof War, was want-
ing;
0/ E N G L A N D. 45)1
ing; and, fince the laft Parliament had refolved tOAo. 16. dr.r.
grant none till the public Grievances were redre(s*d, >64o.
in Confequence of which the King had been, un-
fortunately, perfuaded to diflblve them ; his Majelty
was now, again, reduced lo borrow Money of the
Spanijh Merchants, and others concerned in the
Bullion, then in theTiw^r, to ihe Sum of 40,0001.
But this being foon djITipated, his Army only act-
ing in the defenfive Way, the King was now dri-
ven to the uCmoft Dillrefs. This unhappy Situa-
tion of Affairs produced two Petitions to the King,
(the one from feveral Peers, and the other from
the City of London) complaining of Grievances
and recommending the Calling of a Parliament
as the only Way to redrcfs them. Thefe Petiti-
ons, as they are produiftire of-what is to follow,
muft find a Place. They were prefcnted to the
King, at Yori^ and were in thefe Words ;
To the K I N c's Moft Excellent Majefty.
The HuMBtBpETiTiONof yourMajefty's
moft Loyal and Obedient Subjedts, wbofe Names
are here under-written, in behalf of themfelves
and divers others.
Moft Gracious Sovereign,
7H E Senfe sf thai Duty and Service, a'/'/VAa'?p«idoniothe
etu! unto ysur facred Maje/ly, and aur earneft^'^'i. fwinfe-
jlffeSihn lo the Gaed and H^elfaresf this yf""- Re^lm^J^'l^^^'^
(/"England, have moved us, in all Hiimitily, to ^/-liancnt.
feithyaur Royal Majejiy^ to give us Leave to offer
unto your mojl Pr'uicsh/ Wifdom, the Apprehetifsm
which we, end oiher your faithful Subje^is, have (oiir
ceivej of the great Diflempers and Dangers now
threaimng the Church, ihe State, and your Royal Per-
fin, and tbejittefl Means by which they may be pre~
vfnied.
The Evils and Dangers whereof jour Majijly may
he pltnjed to take Notice, are thefe ;
I , Thai your facred Majejii is expsfcd to Haza^'d
end Danger^ in tkefrefent Expedition againji the
Scots
4^s The 'Parliamentary 'H.iSTOKy
CTii^Cir. I.Scots -ifrmyi and, tytheOuaJiBnoft!jelVar,ysur
1640. Revenue " tit/th walled, yatir Su^eifi bt/rtkenedu-ilh
Ciat otidCanda£t Money, Bilietling nf Soldiers^ and
i ether Military Charges ; and divers Rapirus and
Difarden eemmiUed infeveml Parts in ibis yaur
Realm, by the Solditn Taifedfor that Service j and
3. Thtfundry hinevatms, hi Matters of Religion ;
the Oath and Canons lately impo/ed upon the Clergy,
andolheryeur Myejiy's Subjeils.
3. The great tncrtafeef Popery, and employing of
Popifli Recufants, and ethers ill-affecied to the Religi-
en by Law eftablijhed, in Places, of Power and Truji;
and e/ptciatly commanding of Men and Arms, hath in
the Field and divers Couiities in this Realm ; whgreas,
b^ the Laws, they are not permitted to have Arms even
in their own Houfs,
4. The great Mifibief which may fall tipsn this
Kingdom, if the Intentions, which have hetn credibly
repBTtedy of bringing in of Itifh Fortes fhall take
Effcit.
J. Tlxurging ofShip-Mtney, end Prgfecution »f
fome Sheriffs in the Star- Chambet for not levying
6. The heavy Charges of Merchandize, ta the Dif-
{ouragement of Trade ; the Multitude of MonapoHts,
and other Patents, whereby the Cammodilies and Ma-
nuja£}ures of the Kingdom are mmh burthei,ed, to tie
great andunmerfal Grievance of your People.
7. The great Grief af your Subjeils, by the Inter-
mjfion of Parliaments, in the late and farmer Diffil-
usng of fuch as have been called; with the hopeful
Effecis which, ctherwije, they might have pracured.
For a Remedywhtreof, end Prevention of the Dan-
ger that may etifue ta your Rayal Per/en, and ta the
whale Slate, we do, in all Humility an J Faithfulneji,
hifeech yaur Mali Excellent Majejiy, that yau loeald be
f leafed to Jitmmon a Parliament within fame Jhort and
convenient Time ; whereby the Cauje of thefe, and ether
great Gritvances, zvhich your poor Petttionefs new
lye wilier, may be taken away j and the Authort and
Counftl'en
0/ E N G L A N D. 45)3
Cmnfellcrs of them, may be there brought la/ocb legal ki
Ti-ial, andcondign Puni/hmtnt, as the Nature ef the
Offence daei require ; and that iheprefent JVar may
be compifed, by your Majejly's Ifi/dom, without Blood-
Jhed, in fuch Manner as may conduce to the Honour
and Safety of your Majejiy's Perfon, the Cententafyour
People, and Continuance of both your Kingdoms u-
gavift the common Enemy of the Reformed Religion,
Bedford, Say anif Seal,
Essex, Howard,
Hertford, Bolingbrooke,
Warwick, Mandeville,
Bristol, Brooke,
MuLGRAvE, Paget,
To the K I Nc's moft Excellent Majcfty.
The Humble Petition of your Majefty'fiSub-
jeib the Citizens of London.
Moll Gracious Sovereign,
jyEing moved with the Duty and Obedience, wA/f A, From thfCio-.'
*-* by the Laws, your Petitioners owe unto your fa-'^'~
CTtd Majejly, they humbly prifent unto your Princely
and Pious IVifdom, the feverat prtjfmg Grievances
fillewingt viz.
1. 'fhtfriffing and unufual Imp^fitions upon Mer-
chandize imporltd and exported, and the urging and
levying of Sbip-Money ; notwithjlanding both which.
Merchants Ships and Goods have been taien and ds-
firoyed, both ly Turkith, and other Pirates.
2. Ihe Multitude of Monopolies, Patents, and
Warrants ; whereby Trade in thh City, and other
Parti of the Kingdom, is much decayed.
3. Thefundry Innovations in Matters of Religion,
4. The Oath and Canons htelf enja ned by the
Convocation ; whereby your Petitioners are in danger
to be deprived of their Min'jlers.
5. The great Concourje ofPepijls, and their Inha-
iitations in London, and the Suburbs ; whereby they
have msre Means and Opportunity of plotting-, and
exetuthig their Defigns, agamli ihe Religion Ijiabljled.
fa. 7he
^F 4^4 The ^Parliamentary History
/s. rC. Cir. I. 6. I'heftSdem Calling, and fudden Diffihtiem ef
•s+o- ParliamtfiCi, tLitbiut Rtdrefs of yettr Sutjeifs Grie-
vaacts.
7. 7te Jmp'ifsnment ef divert Cliixensfor Non-
peymtHl 9f Stip-Mcnty, and Impofiiium t and the
Praftcuthn ef many ethers in the Star- Chamber, for
nai conforming ihtmfelvei to Commijfmnn in Patents
efMenopoiies ; whereby Trade is rejlrained.
8. Ihegrtat Danger pur fatrtd Perfin is expafid
vnta in the preftnt War^ and the various Fears that
feistdupon }'6ur Petitioners, and their FamilieSt by
riajin Skere^^ which Grievances and Fears have ee-
cajtaned fo gnat a Scap and Dijlraitim in Trade, that
ytur Peiiiisntrs can neither buy,Jeil, receive^ er pcty at
farmtrl) j and tends is the utter Ruin of the Inhabitants
of the City, the Decay ef Navigation and Cliathingy
and the Manufaiiures of this Kingdom.
Tmr humble Petitioners cenc/iving, that the/aid
Grievances are contrary it the Laws oftHs Eng-
dem ; and finding, by Experience, that tbey art
not redre/s'd by the ordinary Courfe tf fufiitt, cb
therefore^ mofi humbly, be/etch your moft fecrtd
Majejiy to eaufe a Parliameul to bejummcned
with all convenient Speed ; whereby they may be.
relieved in the Premijes. And your PitittOttert^'A
and loyal Subje£ls Jbalt ever pray, &c. I
Thefe Petitions, we arc told, were delivered to
the King ai York; but, before he received cbem,
his Majefty had ifllied out Writs for rummoning a
great Council of the Peers to convene in that City,
on ihe J4th Day of Sfpiembir following ; Thexe-
fore, for Anrwer to the Petition of the Lords, hie
Majefty Commanded them to offer what ihey had
topropofe, for his Honour and the Safety of Uie
Kingdom, in that Council. About this Time,
alio, the Scots fcnt a Petition from their Army to.
the King, butdirefled 10 the Earl of Lantri, Se-
cretary of State for Scotland; which wasdeliverc '
ro his Majefty and anfwered by him, in the Fori
follgwing:
T(
'ed%^H
]
Of ENGLAND. 45)5
Tonhe K I N o's Mod Excellent Majcfty. ^- i^-
The Humble Petition of your Commiffioners
of the late Parlianient,and others of your Majefty's
' mod Loyal Subjedls of the Kingdom ot Scot'*
'■ land.
Humbly Sheweth,
rH A^ whereas through many Sufferings in ^'^/•^ And from the
Timepafi^ extream Necejftty hathconjlrained us^Stou Commifli
for our Reliefs^ and obtaining our humble andjuji De- o»*"» ^^ ^
fires ^ to come into England ; ivhere^ according to mr "^''"'P®"^
Intentions formerly delivered^ we have^ in all our Con^
voyf lived upon our own Means^ ViftualSy and Goods
brought along vjith us ; and neither troubling the Peace
of the Kingdom ^England, nor hurting any of your
Majelly's Subject s^ of whatfeever ^ality^ in their Per ^
fins or Goods ; having carried ourfelves in a mofi
peaceable Manner^ till we werepreffed^ by Strength of
ArmSy toputfuch Forces out of the IVay^ as did without
our Defervings^ and (asfome of them at the Point of
Death have confeffsd) againfl their r.vn Confeiences^
oppofed our peaceable Pajfage at Newburn upon
Tyne ; and have brought their own Blood upon their
own Heads^ againjt our Purpofes and Deftres^ ex--
preffed by Letters fent to them at Newcattle : For
preventing of the like^ or greater Inconveniencies^ and
that^ without further Oppofition^ we may come to your
Majefly's Prefince^for obtaining^ from your Majejly^s-
yufiice and Goodnejs^ full Satisfa^ion to ourjuft De^
mands ; we^ your Majefffs mojl humble and loyah
Stibje^s^ do perfifl in that moji humble and fubmijfive
tVay of Petitioning which we have kept from the Be^
ginning ; and from the which, no Provocation of your
Maje/fy*s Enemies and ours, no Adverfity we have hi-
therto fii/tained^ no profperous Succefi that can befal uSy-
fl)all be able to divert our Aftnds 5 n:oll humbly en^
treating, that your Majejly would, in th Depth of your
Royal vVifdom, confider 4t leaji ourpreffing Gri^van^
ces ; provide for the repair of our Wrongs' and Loff'es y
and^ with tlie Advice of the States of the Kingdefn of ^
EiigUnd,
' 49^ T/je'ParliamefitaryliisroKY
An. iS. Cit. 1- England, conveiited by Parliament, Jiltk a firm and
iSfi. durable Peace asuinft all Inv/ifuns by Sea and Land ;
that we mays ^^ih Chesrfmnefi ef Hearty pay una
ymr Majeflyy as cur native King^ all Duty and Obe-
Ndieriie, tkat can be expelled from loyal Subjeifs, a-
gaiiifl the many and great Evils which at this time
threaten bub Kingdoms j whereat all your Mcije/i/s
gaed, byal, and loving Subje£ls tremble to thini, arid
u-hlehtve uiianimoujly befiech God Almighty tu avert,
that your Majejiy's Throne may be ejiablijhedy in the
Midfi »fus, in Religion and Righteot'fnefs.
Yeur Mijejlfs Anjiuer we humbly dcfsre^ and ear-
nefilyivaU for.
According lo ihe Prayer of ihia Petilion, the
King fent an Anfwer as follows;
At the Court at York, Sept. s, 1640,
ThrKiiiE'tAn-' T T 1 S Miijefty hath fecH and confidercd this
l*e.[D:i,ii4itcr. ' _J_ _|_ witliin-wdtten Peii[ion, and is graciouily
' pleafed to return this Anfwer by me. That he
* finds it in fuch general Terms, that till you ex-
* prefs ihc Particulars of your Defires, his Majelly
* can givenodiicdt Anfwer [hereunto: Wherefore
* his Majefty requiteth, that you would fct down
' the Particulars of your Demands with Expediti-
' on ; he having been always ready to redreft the
' Grievances of his People, And fop the more
* mature Deliberation of the weighty Affairs, his
' Majefty hath already given out Summons for
* the Meeiins of the Peers of [his Kingdom in the
* City of Hork, the 24th Day of this Monih, that,
' with ihe Advice of the Peers, you may receive
' fuch Anfwer to your Peution, as ihall moft tend
' to his Honour, and the Peace and Welfare of his
' Dominions- And, in the mean time, if Peace be
' what you fo much defirc, as you pietend, he ex-
' pefls, and by this his Majefty commands. That
' you advance no further with your Army into
' ihcfc ParU ; which is the only Means that is lefi^
' for the ptefcnt, to prcfervePcjce between the two
* Nations,
to
P
Of E N'G X AN b. 4^
* Nations, and to bring thefe unhappy DifferienccsAn. 16. Car. t
* into a Reformation J which none is more defirouj ^^4o*
* of than his ixioil facred Majefty.
L ANERK.
Notwithft^nding what the Scots aflerted, in the
Beginning of their Petition, their Army was not
fo light a Burthen to the Northern Parts of this
Kingdom, as they would have it believed. Tf^t-
loike tells us. That, dxNewcaJlle^ they feized four great
Englijb Ships laden with Corn 5 that they laid a Tax,
of 3501. a Day, on the Bifhoprick of Durham^ and
300 1. on the County of Northumberland on pain of
rlundering ; and committed many Injuries and In-
folencies on the Engli/b where they quartered (a).
The Rents and Revenues of the Bimop, and Dean
of Chapter of Durham^ they alfo feized to their o wn ^
and converted, as they termed it, from fuperftitious
Vfe?. Inroads were made from their grand Army
to plunder different Parts of the Country j arjd, as
another Author obferves (x)^ being fcated in warm
Quarters, with Nrwcajtk Coal, good Fires, Meat,
Drink, and Lodging of .the bcft, all in great PJen-t
tv, they feemed to be in no.Hafte to return into
their own Country.
Whilft Things were in this untoward Situation, a Meeting of
the great Affembly of Peers met at York j which the Peers at
Convention, being in the Nature of a Parliament, T®'^*
muft have a particular Difquifition.
Lord Clarendon writes, * That this Affembly of
the Peers was a new Invention, not before heard
of; or foold, that it had not been praftifed, in Eng^
land, for fome Hundreds of Years. And that
the Grounds and Intentions of this particular Sum-
mons was never known;* but adds, * That it, pro-
bably, was the Refult of trouBled and afflifted
Thoughts, fince no other Way at that Time oc-
curred/ But whoever will look back into thete
Enquiries will find, that, in the former Scots Wars, '
Vol. VIII. I i many
(u) If'iitloch^s Memorials, p.^ 35.
fxj SituttiltrfonWM^ of Kirg Citfr/^«,
i^yS The Tarliamentarj Hi stort
An> It- Cu> i-oumy Confultations of this Kind were held at Tori,
'***• on any fudden Invafion, where the Corihiods were
not called nor concerned. In the Year 1298, £d-
ward I. fummoned alt the Peers of the Kingdom,
Iexclufive of the Commons, 10 meet at Terl, qd an
extraordinary Occaiion. In his Son's imibrtuiiate
Reign, there were feveral more; and, indeed, all
tfiofe Meetings at Turk, which Were termed Pajli-
amenis, during the S«/j Wars> were no other than
agreat Council of the BiQiops, Abbots, andBarons
of the Realm, haftily convened by the Kiag*^ Writ j
and if any of the Commons were called amonglt
(hem, it was by the Tame Authority, and not by
any Elcilion of the People; Affeirs, then, were
much too pretfing to wait for a general Ete^on i
as alio, at this Time, when the Scstf had enteied
into the Country, plundered and fpoiled the loha-
bitanu i and had raifed their Co ntribuiioDS to 850 !•
a Day, which they exafled with great Rigour.
However, this Affair made a great Noile at that
Time, and gave Occafion to a Report, That ihe
King intended to lay afide one of the three Efialo
of the Keaira : Tho', as Lord 'duremien tells iHt' it
was no more than an Expedient for the prefentPiw-
pofe, (ince no other Way occurred. The Poim
of the Writ, itfelf, may be matched with fevcraljj'"
(he fame Kind in the Feitra Ang. and, iincej
much refpeils this Subjefl, wc fhall give it in ,1
own Terms.
A CoPV of the King's Writ, lent to all ^
Peeks to meet, as a great Council, at Yerk^ \
24th of Seplemper, 1640.
T^ E X Revertfidifflmo in CbrWa Patriy ac fiitH
■**- Conftliaria ntiiro, Wiliieimo, eadtm graiic
Cantuar. Archiepifispe, Istiut Anglite Primatt jitfa
MetropeStiinoy Salutem. ^lafuper quibuflum af\
duh i^ ursentifrnt! Negct'is Nii^ Re^ninojiri^
inm, Ccrofi^qtit nojirajara, fpida'lter catutrntnt^
I'ihifium & rum alni Praklls, Mugrtattbui £3" /
ctriiui ipfius Regnij apud Civitatim mliiaw Y'
^ Of E' »r tri.' k NT b. " 4p^
i>ii J6vis, 24 pieinftamiiMinfis Septembris, C^Z-Ao. i6. Cv,
kfmm haberi veluntks (^ Traffatum i VMs in fidt i^<^
{!f dik^iim fuitus n»bls Unendm^ firmitir injungi-
mus ff marmmuSi quoi^ Cfffante ExcufatiMe qua*
Mtf\ di^is Die & faeo^ pnfinatitirj interfttis i
. N$bifium ^ aim Pralatis; Magnatibus (^ Prouri--
bus pra^diifis^ fupar diffis Nigatiisj traifiUUri^ vifto-
rumque C9nfiSum imfenfiiri j V hc^/tcut Nos fjT //l^•
f0rim ntfirum tic TranqtdUtaum Rigmmjiri^ Ju*
riumq\ mftrorum pradi^Brum^ diligitis^ nuhatenus
mittatis.\
Tejte Mdpfo^ apud%bonc\Jim,JlftimoDit Septem*'
bri8> 1640.
The King's whole Army, confifting of 12,000
Foot and 3060 Horfe, was then in Tori^ or were
qoartered in the Villages round it. Several more
Petitions, from different Counties, were now alfo
p^efent^ to the King ; all tending to advife him to
call a Parliaitient, a^ the only Way to compofe the
Difference between the two Kingdoms.
The Time being come appointed by the Kitig^i
Wat for the grand Affembly of the Peers, a great
Numtier of Ihefti met ^iTiri ; and, on Septemhir
.'the 24th, this Convention was opened in the Hall
■ of the Deanery Houfe, within the Clofe of the
Cathedral; wnich was richly ornamented with
' Tapiftry,Wr. for that Purpofc. (y) The King's
Chair of State was placed upon the Half- Pace of
..t|ie Stairs, at the upper End of the Ha|l; from
y/hence his Majeily delivered himielf in the follow-
ing Speech to ihem.
My Lords,
•• T T^^^^f^^^^^ hivaficns^ where the Dangers are near The King^i
' ^-^ ana tnjiani^ it hath been the Cujiom of my Pre- Speech to ihcai,
y^eeffors to ajfemble the Great Council of the Peers^
'mal by their Advice arid AJftfiame^ to give a timely
'Remedy to'fuch Eviby ivhicb eould not admit a Delay
'fi'loug^ as muft of NeceJJity be allnvedfir the Aj-
fimbhng'^f the Parliament,
I i 2 Ws
. I. This biing cur Condithn at tbti Time, and an jfr-
my 6j Rebelt Ifigcd luiiliin ihit Kjngdom, Ithaught
it moji fit to ctnfuTm myfiif m the PraiHct if my
PretUttffari in Hit Ca/is i that, with your Adtaee and.
Jigyiamtt we might jujily pruesd to the Chiiftijement
tf thsft JnjeUneiti, endjituring if my gwd Subjtils,
In (hcfirfi Ptgie, Imuji let you kn<^, that I dt-.
firt nothing mere, than to bt rtgktfy underjltad ef my
People. And, le that Endy Ihave efmy/eif rifohed ta
tali a Parliament ; having already given Qrdtr it
my Lud Keeper to ijjiu the Ifrits injant/y, fi thai.
the Parliament mt^ be affembltd by the third of No-.
vcmber ntxt: Whilter if my SubjeOi bring tbefe
good A^eaions which become tbcm towards me, I
/hail not fail on my Part ta make it a happy Meeting.
In the mean lime, there are two Peinti wherein I
Jbali deftrrytur Advict, which indeed were the thief
Gaufe ef ymr Meeting.
Firft, What Anfwcr to give to the Petition of the
Rebels, and in what Manner to treat with them.
Of whieh, that you may give afure fudgment, I.
have ordered that your Lerdfmpi Jhall be dearly and
truly informed of the Stale of the whole BuRne^-
and upon what Reafins the Advices that my Privj-
Council unanimoujly gave me, were grounded,
Ihe Second is. How mi Army (hall be kept en fiet
and maintained, witii'l the Supplies of a Parliament.
may be had. For fo kng as the Scots Army remairts.
in England, / think no Man will ccunfel me to dif-
hstd mine : For that would be an unfpeakable Lafs to
all this Part .ef the IQngdom, byjubje^ing tkem.ta
the.greedy Appetite «f the Rebels, be/tdes the un^t^-r
able UiJhiisurih^t vtotdd thereby/all upon ^i^f'Jvfy
''""■ . .:U4;.;
■TIms. Meeting, not being Ilridly Parliamentary,
does no.t require Jo exaft an Account of the Pro-
ceedings thereof ss ilie oiher. Wefiiall not, ifaerc-.
fof«, trouble the Reader willi each Day's Ti.inlac-
tion* at full, which are to be found in Rvjhwortb,
Clarendtin, &c, but Ihall content ourfelves with ^
'■.-■. fliott:
lElll"
Ihort Recital, or Aiiftpaft of them, to fliew theAn. x6. eu.
Rcfult and End of this famous Aflembfy* ^^^
Tbe NoMc Hiftorian tells us, ThaC when lhep„„jj^
Scits Petition came to be read, which waa one ofcheteupon.
the fitft Things the King ordered, ic neceJlaril;
tK^t a Treaty. The Siots had always given the
King as good and as fufamiCive Words as can be
imagined. And this Petition, full of as much Sub-
miffion as a Viflory itfelf could fuggeft, as wasur-
gedby fome Lords, produced a Treaty; and fix teen
of the £>r^/ift Peers, then affembled, were appointed
for ir. Thefe Com mi flj oners, to give no Umbrage
to the Scets, were chofcn out of ihole Lords, who,
as IVhitkcit defcribes them, were well affefted to a
Perliamint^ and no bitter Enemies to the Govt'
nanters. York was the Place mentioned by the King
for the Treaty, which the Scots would notconfcnt
to; giving for Reafon, That it was not a fecure
Place for [hem,iince their great Enemy,the Earl of
Straffiird, comtnandt'd there in chief, who had pro*
claimed them Traitors in Ireland^ before the King
had done it in England, threatening to deftroy their a Traty
Memory ; againft whom they had high Matters of'''.' ^eois
Complaint : So Ripon was nominated by them, and ^'
agreed to by the King.
The Treaty being opened, the great Council of
the Peers continued ftill to meet ; and took into
Confidcration the King's fecond Propofiiionj con-
cerning the keeping on Foot and paying his Forces (
and being acquainted by the Lord Strafford, that
it 'would take 200,000 1, to fujiport them, it was
refolved. That this Sum fliould be borrowed of the
City of Loiidon ; and a Letter from the Lords was
prepared and fent accordingly.
In one of thefe Day's Debate^ Edward Lord
Herbert, commonly called the black Lord Herberl,
unfatisfied with the Demands of the S:ot$ Commif-
lioners, which was no lefs than 40,000!. a Month,
adnfed the King to fortify Turk, and refofe it. The
Speech of an Englijh Nobleman on fo extraordinary
an Occafion, cannot be unpleafing to an Etiglijb
Reader. To the King's firftPropofiticn he argued;
1 i 3 ' ijh That
I
^o^ Thd Tarluinuniar^ Hi s T06.Y
jlD.rt.OK.i. -*•>/'» That '^''»'"?/'*''='"g f='''^"' •'■ is necef-
. ' ti^ ' 6ry 10 fortify Yerk, there being no other confider*
able Place betwbfi the Si*ti and Lsndea^ which
miglu deiain their Army from advancing forwards.
' lifyy Thai Rcaton of Siaie having admirod
Fortification of oOr moft Inland Towns Maiirfk
Weapons, ulcd in former Times, it may as'ivoll
' „. admit Fottificaiion againft the Weaponj xiiei ia
^UL Ihcte Times.
^^V ' 3</4'. Thai Towns have been cbferved slwayt
^^^^ fvcric to Wars and Tamulis, a3 fubfifting by ^
, peacenMc Ways of Trade and TrafEck ; info«
much that when cither great Perfonf, for their pri-
vate InwTcfts, ot the Commons for tbeir Grieiran-
ces, have taken Aims, Townfmen have been no
^^^ led ever lo continue in ihdr accuftomed Loyalty
^^B and Devotion.
^^^ ' 4(if(i, ThatthisagteeihwiththeCuftomof all
?lher Countries, iheie being no Town of the
Greatnels of Tai% any where I know in Ckrtfttn-
dsmy thai hath not his Baftions and Bulwarks.
' As for the Charges ; the Townfmen of Ttrk
mighrMnderiake that, by his Majcfty's Permillion :
Fur (Ince it ii; n ^^axim of War, That «!Tery
i'own may fortify iu Circumference withia the'
Space ot uvo Months, ihc Expenccs cannot be
gicar.
* As for the Manner of doing it ; nothing elfo
is neetif<ii> but that, at the Dirtance of every five-
and twenty Score Paces round about the Town,
the Walls ftould be thrown down, and certain
Baftions br Bulwarks of Earth to be ereiSlcd by the
'" Advice of fome good Engineer,
■ * For the perbfmiog whereof every Townfman
might give his helping Hand, digging and cal^tn^
up Earth only, where the faid Engineer, according
xa a Line given, Iboiild appoint. And for Ord-
nance, Ammuniiion, and a Magaxice, the 1 ownf-
nicn likewife, for their Security, might brat the
Charges thereof in ihcJe dangerous Times ; it be-
ing better to employ Ionic Money fo to prevent
the Taking ef the Town, than to run the Hazard
of
0/ E N G L A N D. s°3
of being in that Eftate in which the Newcajlt Men An. is, c**,
now are. I could add fometbing concerning an **+*
antienc Law or Cuftom, called Muragg, by which
Money was raifed for Fortifying; of Inland Towns ;
but becaufe I know not of what Validity this Law J
or Cuftom is at ibis Time, I (hall refer the further |
Confideration thereof to the learned in our An- J
tiquities. ^^^J
* I wil! conclude therefore, with your Majejl^'i ^^^H
good Favour, for the Fortifying of Yari, as alTuF- ^^^H
ing myfelf, that if, for want of Fortification, it fSH ^^^H
into the Satf':en'sHznds, they will quickly fortiM ^^^^|
it, as ihey have already done Neiocafl t.' ^ ^^^H
His Lordfliip further fpake concerning the fecontt '^^^^H
Particular. ' ^^^^|
' ly?. That Treaties are lightrthinjairyThingf^ ^^^|
and have no real Being in ihcmfelvea, but in ihe ^^^^|
Imaginations of thofe who preceded them, and ^^^^|
might quickly dillblve and come to nothing; anf ^^^^|
to give fo great a Sum of Money for the Treating '^^^^|
only of a Peace, might be Lofs boih of the Money> ^^^^|
Time, and many Advanuges. \^^^^|
* zd!y. That he never read that ever Pria(^^^^^|
bought a Treaty of his Subjects at fo de^r a '^'*'Cj^^^^^|
but it is true, that Princes have bought Peace at C^^^^l
great Price of their Subjects, and that they ham j^^^|
thought it a good Purchale, and found Means atf ^^^H
laft to bring them to Reafon. ^^^^|
* 3^6'i That it would reflefl upon the Honour'* ^^^^|
of hisiVtajefty abroad, when foieigti Nations (hould't^^^^H
hear of fuch an Atfront given to his Majefty ^^S^^^^k
ihis Kingdom, ihai he could not find Means f^^^^^f
come to a Treaty wirh his Subjefls for a Peac^j<'|^^^^|
but by giving ttiat Money to defray the Cliurges o^'^^^^l
iheir Army, which fhould pay his own. '^^^^1
* A<kly, l[ \% prohabia rhai the Cltix^s ofX9f4*^^^^H
dan, when ihey iii.iuld hear chat any of iheir Mo>J**^^^H
noy was employed that Way, would detain C'i^^l^^^^l
reft in iheir Hands for defending therafelves. -ri^^^^^H
' ^thly. If bis Majefty would try whether they-' H
meant really a Treaty oranlnv^fion, iheCommilir- '- I
oncuvlhiuldjnoveiordifbandtng the Armies on biiih'' I
^04 TW'^^^rU'amhniaryit'hrtSkT
Tit Cu. J; Sifts, alt Things elfe remaining in ibc State tliejF"
li^a. now are, unliH the Treaty were ended ; howfoever
the 40,000!. monthly fliould be kept rather for ■
P paying the King's Army, and reinforcing it, if
Need were, than any other Way whalfoeret.'
It may not be improper here to take Notice, That
whilft the King was at Tori this Time, and the
Treaty fublifting, the Marquis of Montraje, one of
the Sesls GeneralE, difgufted at the Proceedings of ht»
Coontrvmen, at the Treaty, wrote a loyal and
fubnlillive Letter to the King, olFering to fupport
him with his Life and Fortune. A Copy of this
tctier [to fhew what Sort of People the King hai
^^^ about bim) was immediately fent back to Lfjirft
^^^M the other General ; who challenged the Marquis^
^^^M with heidiug CirnJpBndsnce with the Enemy; ihii'
^^™ Marquis, undauntedly, owned it, and afked, tyia
' a was that dutji rtcion the King an Enemy ? Whic^ ,
refolute Anfwer foqualhed the Chaise, thal.thef.
I <Iid not think proper to proceed againft him inajti-^
Pdjcial Way. '
From the 24th at Septemberio the i8th of Ot-
I tiber following, did the King and his great Council*
of Peers continue to fit as ufual ; the Commifli-
onefs, from Time to Time, repairing xaTork, to
acquaint them how they proceeded : But it all end^
ed in nothing ; for, as IfhitUde remarks, * Too
1 many not only favouring, but joining with, and af-
fifting the Proceedings of the Scots Covenanters,'
the King was perfuaded to remove the Treaty to
■Whith IB rcrao- ^"^^"i ^""^ iiibjefl the Country ftill Co pay a Con-
*ej to London, trjbution of 850 1. a Day, till all was concluded on.
At which, adds the ^ifOTWja/i/?, * Many wonder-
ed, and lome inveighed againit this Treaty, wilh-
ing the K-rig wmldbave put it rather to the Iffus of
a Bdtlle ; than to have given p-ih Terms to his Sub-
}e£ls in Rebeilion ; and of this Judgment was Stn^-
ford and the Epifcopal Party. But the other Party
cryed up this Treaty, as j'k/?, Honsurablf, aadPi-
eiiSy to prevent Effhfmi of Blood, and iq fettle Peace:
And th»King ^w plainly, that both divers OSicen
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